AboutPeter C. Winkler, CSW Expertise I have experience with adoption subsidy, the Interstate Compact on the Placement of Children and variety of other adoption related matters. I hope that I can be helpful to those who are considering adoption or would like to adopt a child.
Experience I am a social worker with an MSW and I have over thirty years of experience in family and children's services. I have worked as Director of adoption services and of the Interstate Compact in a large state agency. I have also provided direct services to children and families in a preventive services program. I currently prepare adoption studies for those who are adopting domestically or internationally.
Expert: Peter C. Winkler, CSW Date: 10/9/2006 Subject: parental rights termination/adoption
Question I am not sure if you are the correct person to help me, but if you aren't, then perhaps you can direct me to someone who can. My brother has two children (aged 11 & 5) with his ex-wife. He has not seen these children in at least 4 years, which is mostly his fault. He had quite a few issues, and wasn't paying child support AT ALL. However, he has recently "grown up," and is paying child support in full (plus arrears), and is fully cooperative. His ex-wife says she wants him to terminate his parental rights, and have her current spouse adopt the children. After realizing that this may be in the best interest of the children, he agreed, but she refuses to file the paperwork. He recently contacted her, and said that if she wasn't going to file to terminate, he wanted to try to reconnect with the children, and since he was in full compliance of the court ordered support, he didn't see the harm in it. The ex stated that she wants him to take her to court so she can get the paperwork filed then to terminate. After this amazingly long story, all I need to know is whether or not (in the state of Missouri) he needs a private attorney to file paperwork with the court to enforce his legal custody rights?
Answer From the information that you have given me, it probably would be best for your brother to visit an attorney in order to go to court and arrange visitation with the children. I would encourage him to contact his ex-wife once again to let her know that she can either allow him the visitation or he will obtain it through the courts. I'm assuming that your brother never abused his ex-wife or the children. If that is the case, he probably will be unsuccessful in court.
