Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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?”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.
