My Child’s Biological Father is a Sex Offender, Can I Terminate his Parental Rights And Get a Restraining Order?

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“I have a 6 year old daughter who I have kept from her biological father for over 3 years, due to concerns for her safety. He is a level 3 registered sex offender in another state with an incest conviction involving his sister. Lately he has sent cards stating he wants to come out to see her. The thought of this has caused her to have horrid nightmares. Do I have grounds to severe his paternal rights, change her last name from his to mine, and put a restraining order in place?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

It’s impossible to say both because the laws vary so widely from state to state, and because each case is so fact specific. Terminating a parent’s rights completely is very difficult to do, and usually only done under the most extreme of cases, but you should probably be able to get a restraining order at the very least.



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Author: House Attorney

A house attorney has answered this question.