If my children’s father hasn’t seen them in a year but won’t sign off his parental rights, will I be able to terminate his rights in court?

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If my children’s father hasn’t seen them in a year but won’t sign off his parental rights, will I be able to terminate his rights in court?

I have sole legal custody and sole legal placement of my children. My husband wants to adopt them.

Asked on September 19, 2012 under Family Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It is my understanding that the Courts in the state of Wisconsin looks to determine if the Father maintains a "substantial parental relationship" with the child in an involuntary parental termination proceeding brought by the other parent. There will be a mandated fact finding portion of the proceeding and it is best to speak with an attorney in your area as to the specific facts of your case in relation to the case that brought this test to the table.  Good luck.


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