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Can I terminate my ex-husband's parental rights based on paternity in Connecticut?

Can I terminate my ex-husband's parental rights based on paternity in Connecticut?

Full question:

I have a 5 year old son. Both my ex-husband and I knew ther was a chance that my son wasn't his child. It was agreed it didn't matter and we would try to put our marriage back together and he would raise my son as his. Shortly after my son was born the marriage fell apart. We were divorced 2 years ago and paternity wasn't contested at that time. Approx 6 months ago my ex-husband was badgering for a pternity test, I did get the testing done and he is not the biological father. He does paly somewhat of a part in my sons life however, I would like to get his parental rights terminated but still allow him visitation to my son. We live in the state of Connecticut. Is the Termination of Parental rights based on Paternity a possibility? Especially seeing as I would still allow visitation which would be in the best interest of my son at this age. The reason I would want this done is soley legal purposes. If something were to happen to me my son at this point would automatically be left with my-ex husband, I do not want this to be the case. Thank you, a very concerned Mom!! I made a mistake at the time of my divorce and really need to know how to correct this for my sons sake!! Thanks again

Category: Paternity
Subcategory: Termination of Parental Rights
Date: 04/07/2025
State: Connecticut

Answer:

In Connecticut, a husband is generally presumed to be the father of a child born during marriage. However, this presumption can be challenged. To legally determine that your ex-husband is not the father, a paternity action must be filed. This involves presenting clear evidence, such as medical testing, to the court (Conn. Gen. Stat. § 46b-160). If the court finds that your ex-husband is not the biological father, he will not have parental rights.

If there is a court order from your divorce regarding visitation or child support, you will need to modify that order. As the custodial parent, you can allow visitation with anyone you choose, provided it is in your child's best interest.

It's important to note that if your ex-husband has been granted parental rights, terminating those rights typically requires a legal process. You should consult with a family law attorney to navigate this situation effectively and ensure your son's best interests are prioritized.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is ex husband parental alienation?

Parental alienation occurs when one parent attempts to undermine the relationship between the child and the other parent. In the case of an ex-husband, this could involve negative comments, limiting contact, or influencing the child's feelings against the other parent. This behavior can be harmful to the child's emotional well-being and may impact custody arrangements. Courts often consider the best interests of the child when addressing parental alienation.

At what age is divorce less traumatic?

Research suggests that younger children may adapt more easily to divorce than older children. However, each child's response varies based on their personality and support system. Generally, children under 5 may not fully understand the implications of divorce, while those aged 6-12 may experience confusion and sadness. Providing consistent support and reassurance can help mitigate trauma at any age.

What age is divorce the hardest on kids?

Divorce can be particularly challenging for children aged 6 to 12. At this stage, children are more aware of family dynamics and may struggle with feelings of loss and confusion. They often have a stronger attachment to both parents and may feel torn between them. It's crucial for parents to communicate openly and provide emotional support during this time.

How do 5 year olds react to divorce?

Five-year-olds may react to divorce with confusion, sadness, or anger. They might not fully understand the situation but can sense changes in their environment. Common reactions include regression in behavior, clinginess, or expressing fears about separation from a parent. Providing reassurance and maintaining routines can help them cope with these feelings.

What age is divorce most damaging to a child?

While divorce can be difficult at any age, research indicates that children aged 6 to 12 may experience the most significant emotional impact. They are old enough to understand the implications but still developing coping mechanisms. This age group often feels a strong attachment to both parents and may struggle with feelings of loyalty and loss.

What is the #1 divorce cause?

The leading cause of divorce is often cited as lack of communication. Couples may struggle to express their needs and resolve conflicts effectively, leading to misunderstandings and resentment. Other common factors include financial issues, infidelity, and growing apart over time. Each relationship is unique, and multiple factors can contribute to the decision to divorce.