Father’s Rights Under “Duress”

Danny Carr, Counselor and Attorney at Law, punched the button on his phone this morning to listen to messages left last night on his voice-mail.

“I need to hire you for a custody case.  This is Ken Woodard. Call me at 301-555-5555.”

Carr hit redial, and when someone answered, he said,  “Mr. Woodard, this is Danny Carr, returning your call.”

“I was forced to give up custody and visitation by my wife’s attorney by duress,” said Woodard.

“Did he hold a gun to your head? “

“No, but he told me I would lose if I didn’t agree.”

“That’s not duress.”

“OK, well then I found out I still have to pay child support.”

“Right.  Parents are obligated to support their children.”

“But if I don’t have custody or visitation, haven’t my parental rights been terminated?”

“No.  You are still the children’s father.”

“My wife accused me of neglecting and abusing the kids.  Can I file a petition to terminate my parental rights on the basis of her saying I’m an unfit parent?”

“No.  You can’t file a complaint against yourself to terminate your own parental rights.”

“That doesn’t sound right.”

“I have to go now, Mr. Woodard.  Good luck with your case.”

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