In most cases, no. Even if the father does not spend time with the child, he still has an obligation to pay child support. The State of Wisconsin’s policy is to avoid terminating parental rights due to an increased likelihood that the mother and child would need public assistance (food stamps, medical, housing, or daycare assistance). Another concern is what happens to the child if the mother becomes incapacitated, dies, etc., and there is no other parent. The child could then become a ward of the state and spend time in foster care.
If the father is paying child support, or if there is a good chance that he can, it is very unlikely that a judge would terminate the father’s rights. If a step-parent is available to adopt, however, a judge may be more likely to grant a termination. This is because the child still retains two parents, and the concerns above are not as serious. In some cases, even without an available step-parent, the father has abandoned the child or is truly unfit, and then it may be wise to seek a termination. These requests must be filed and pursued very carefully, so the assistance of an experienced lawyer is necessary.
I have been representing families in divorce for almost 30 years. I would be glad to discuss your concerns with a no cost, no obligation consultation. Should you be in the need of a divorce attorney whether for divorce or post-divorce matters please contact Attorney Mark L. Krueger in the Baraboo area at (608) 356-3961, Madison area at (608) 824-9540 or Statewide at (866) 455-2993. Please feel free to email at mark@kh-law.net and check out our website at https://khtlawyers.com. Remember, at Krueger Hernandez & Thompson SC we listen, we care, we get results!
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