Full question:
How do I file papers to keep my daughter who has been with me all her life? Her father and I were never married. He left when she was a baby. Now she is 11 and I don't want to lose her.
- Category: Paternity
- Subcategory: Parental Rights
- Date:
- State: Kansas
Answer:
You could file an action to terminate his parental rights on the grounds of abandonment and nonsupport. In certain circumstances, a termination action may be brought by the state or a person alleging that a parent has abandoned the child. As in all cases involving termination of parental rights, the right of parents to their offspring is fundamental, and thus clear and convincing evidence of abandonment must be shown.
The court will consider whether the conduct of the parent is intentional, and whether it shows a conscious disregard of the normal obligations owed by a parent to a child, leading to the destruction of the parent-child relationship.
The state has broad power with respect to the rights of parents over their children when the childrens welfare is concerned. Preservation of the family is a public concern. State statutes which provide for the termination of parental rights are strictly construed in favor of the parent and family preservation.
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.
