Hi Folks,
I haven't been on here for some time as I have been working alot and still in school. I am having an issue that I need help with, Please.... My son will be 9 this year and he is smart and wise beyond his years. Last year I had to put him in counseling because of his father. He had spent spring break with him last year and was not real happy with the visit. My X and his wife refused to allow my son to call home and there were issues with a child that is his fathers grandson. (this child is younger than my son) Anyway, I put him into counseling to find out why he was so adamantly opposed to going back for his time during the summer. He told his father he did not want to come back and my brilliant X told him "the judge say you have to" After being in counseling for awhile, he agreed to go for 2 weeks. I purchased him a cell phone so that he could call me when ever he wished, which he did several times in tears because his father had upset him severely. Anyway, while in counseling my son discovered that the anger he feels toward him is because he witnessed him try to kill me right before he left us. My son felt he should have done more to help me, but he was only 4, bless his little heart! My legal question is.... Does anyone think I could get a judge to listen to my son concerning this and perhaps terminating his fathers rights. My son is scared of him and does not want to go. I am not worried about losing child support as he hasn't paid on time since the court order was issued (3 years ago)and No, unfortunately I never filed charges for the assault as at first he would not allow me to leave the house and by the time he was gone and things settled down I didn't want my son to see his father in a police being hauled away. I know that was stupid. Anyway, can anyone help me with this?? Thanks

I don't know that you could terminate his rights but you can try to get his visitation restricted which would help your son and still give you support.

I agree with Dale...
It's hard if not impossible to actually terminate someone rights, especailly if he has been the childs life.
However..considering the circumstances you could probably get restricted or supervised visitaion. If the counselors will back up what your saying and testify to this it would at least open some doors to resolve it with the father participating. have you discussed with the his dad? Maybe he needs to be involved in the counseling.

Thanks for the replies. I can not speak to this man. Every time I do, he starts a fight with me and I am over this fighting with him. I will not do it any longer. I have had enough verbal abuse. I only communicate by email with him. Thank God he lives 1000 miles away! Before I wrote this last night I got some increasingly obnoxious voice mails from him, 3 in all. He started an argument with my son over the summer visit and my son hung up on him. I will not force him into the verbal abuse either. All I want is my son's happiness and by the way, did I mention this man is an unmedicated manic depressive?? As my son gets older, I think the vision of his father trying to kill me is getting more vivid. I do not talk about it as I prefer to forget it ever happened. I have moved on. I do, however, talk to my son whenhe brings it up and try to calm him by letting him know that... he did not succeed and I am still here. All I can do from there is hold him. It happened when he was 4 and he is now 8 to be 9 in Aug.

Novalyn,
Parental rights are rarely terminated in the state of Florida. If I recall correctly the "other" parent must not have any contact or provide support for 1 or 2 years before the courts will even consider termination of rights.

Counselors and therapists are going to be your best source to get through to the courts about restricting visitation. Possibly a guardian ad litem for your son could help too; most of the time this is court appointed.

I feel for you and wish I could offer more help.

I didn't think that my son's father would or could give up rights but he did. He wrote a letter to my lawyer saying that he wanted to so we went through the courts. They told us that it had to go through Probate court and that if he wanted to give up rights he had to just not show up for the next court date and that would show abandonment. He didn't show up and a month later his rights were terminated.

I would keep your son in the counseling and keep all the records of course. My son was 1 1/2 when I split with his father. I don't think my son remembers any of the abuse I went through but I do know that there may be a chance that he may need counseling some day. You may be able to request supervised visitation because of the fear your son has for him. Like CA had said a guardian ad litem may be a good idea, they hear both sides and tell the court what is in the best interest for the child and your son is old enough to tell them how he feels about his father.

Good luck with everything. And good luck with the court system.