can I ask for termination of parental rights in my divorce?

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can I ask for termination of parental rights in my divorce?

I am filing for divorce and would like
to know if I can ask that the other
parents rights be terminated. I would
also like to ask that the children’s
last name be changed. I was wondering
if I could do this in the divorce
filing or if I have to do separate
filings.

Asked on June 6, 2016 under Family Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can "ask" for it--anyone can ask for anything, after all--but are VERY unlikely to get it: the courts do *not* like terminating parental rights. Unless you can show either that the other parent is entirely unfit as a parent (e.g. a serial felon or a drug addict) or the other parent consents (agrees) the termination of parental rights, this is exceedingly unlikely to occur.


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