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    Absent parent legal rights

    Asked Nov 24, 2007, 08:36 AM 7 Answers
    When an absent parent has only seen his child twice in ten years(baby) and has been paying childsupport over the last 6 years(because state takes it) what kind of rights does he have?

    And if I put abandonedment on him what does that all mean and do for my child?

    Plus he says he's willing to sign off all legal rights, so he doesn't have to pay for child support, if I let him do this what does thatall mean?

    Last edited by nniki; Nov 24, 2007 at 08:59 AM.
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    macksmom's Avatar
    macksmom Posts: 1,787, Reputation: 152
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    #2

    Nov 24, 2007, 08:45 AM
    He has any and all rights an involved father would have, should he choose to exercise them.

    You cannot file abandonment on him because he has not abandoned the child, he is paying child support.
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    s_cianci's Avatar
    s_cianci Posts: 5,473, Reputation: 759
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    #3

    Nov 24, 2007, 08:46 AM
    You can't "put" abandonment on him. If he is paying child support then that's considered to be involvement in the child's life, even if he doesn't regularly visit with the child. He has the same rights as any other father. Of course, he needs to go to court and file the appropriate motions in order to assert those rights. But if you try to get the courts to take away his rights it won't happen.
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    nniki's Avatar
    nniki Posts: 5, Reputation: 1
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    #4

    Nov 24, 2007, 08:56 AM
    Quote Originally Posted by s_cianci
    You can't "put" abandonment on him. If he is paying child support then that's considered to be involvement in the child's life, even if he doesn't regularly visit with the child. He has the same rights as any other father. Of course, he needs to go to court and file the appropriate motions in order to assert those rights. But if you try to get the courts to take away his rights it won't happen.
    Well is there anything I can do, he didn't pay the first 4 years of my sons life and they only reason he's paying is because child enforcement is garnishing him or else he wouldn't pay and he has no involvement with my son at all, someone else has taken the role as his father. What can I do?
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    Fr_Chuck's Avatar
    Fr_Chuck Posts: 75,727, Reputation: 7217
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    #5

    Nov 24, 2007, 09:37 AM


    Well there are about 10,000 posts on this subject on here, we get 3 to 10 a night. So please just search some of the prior posts here.

    1. he can not just give up his rights, a court will have to OK it, but it sounds like he is not using any right he has already, His rights are what ever the custody agreement gave him. So if he wa given certain rights, he still has all of them.

    2. no he will have to pay his child support no matter if he gives up his rights or not, the only way child support stops is if you have a new partner to adopt. So he can give up his rights all he wants ( if the court would allow it) but that does not stop child support.

    3. you can not file abandoment since he is paying child support
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    s_cianci's Avatar
    s_cianci Posts: 5,473, Reputation: 759
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    #6

    Nov 24, 2007, 09:44 AM
    Quote Originally Posted by nniki
    Well is there anything i can do, he didnt pay the first 4 years of my sons life and they only reason hes paying is because child enforcement is garnishing him or else he wouldnt pay and he has no involvement with my son at all, someone else has taken the role as his father. What can i do??
    Is this other person who has "taken the role as his father" willing and able to adopt your son? If so, that may be your best option. Of course, that would mean no more child support, although you could probably still collect the 4 years worth of arrears that have already accrued. In fact, I'm surprised that the state isn't garnishing payments towards that along with his current payments. Either way, the child's father figure will have to file a motion to adopt. The father will have to give his consent or be given an opportunity to contest the adoption. Keep in mind that the court will give great weight to the father's wishes in this case.
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    macksmom's Avatar
    macksmom Posts: 1,787, Reputation: 152
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    #7

    Nov 25, 2007, 07:32 AM
    Quote Originally Posted by nniki
    Well is there anything i can do, he didnt pay the first 4 years of my sons life and they only reason hes paying is because child enforcement is garnishing him or else he wouldnt pay and he has no involvement with my son at all, someone else has taken the role as his father. What can i do??
    Well it really doesn't matter how he is paying child support... the fact is that he is paying. The majority of child support payments comes from taking it directly out of the payors paycheck. This way the child still gets financially support regardless of emotions or relationships (for example, if it wasn't coming out of his check and he was paying you personally and got mad at you and decided to stop, or sees that you are in a relationship and feels like he shouldn't pay)... so the fact that the child support is coming directly from his paycheck should and doesn't have any bearings on the issue.

    Now as far as "someone else has taken the role as his father"... then you are probably hoping for adoption, not simply abandonment.
    But unless the child's bio father consents, his rights cannot be terminated and your child cannot be adopted.
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    excon's Avatar
    excon Posts: 21,436, Reputation: 2985
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    #8

    Nov 25, 2007, 07:54 AM
    Quote Originally Posted by nniki
    Well is there anything i can do??
    Hello again, nniki:

    There's lots you can do, but you haven't told us what you WANT to do. I'm certain that you don't want to end the child support without getting anything in return... Yet, if you continue, that's what's going to happen.

    What is it you'd like in return?

    excon
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