Question asked on Mar 30th, 2016
The short answer to your question is “yes” — a court CAN terminate rights whether or not the bio parent being terminated agrees to it. But it is never a good idea for any attorney with any good sense whatsoever to say what “the courts” will “favor,” without knowing ALL the facts and circumstances involved.
Here, based solely on the facts revealed, you probably have both “jurisdictional” and “dispositional” grounds for a Termination of Parental Rights (“TPR”). But the devil is in the details — what happened 4 years ago to cause him to lose contact, and when was support last paid? When did he last attempt contact, and what happened at that time? For an explanation of the topic, including links to relevant statutes and other relevant materials, see https://www.willicklawgroup.com/termination-of-parental-rights/. Also https://www.willicklawgroup.com/adoption/.
For an actual evaluation of your case, your options, and some idea what to do and how it will probably come out, you will need a full consultation with a family law specialist, in this office or another one — starting with all of the divorce paperwork, and including answers to the questions asked above.