I am divorced with 2 children and their father never sees them. It has been less over a month since he has seen them or even talked to them. And the worse part is that he lives in the town as me and the kids. Is there anyway to petition him to give you his rights thru the court and still receive child support? I am worried that if he loses his rights then he no longer has to pay. Is there anyway to get both?

JudyKayTee

If you walk over to the legal board you will see this answered a thousand times - give or take.

No, you cannot force him to give up his rights to his children unless he has put them in danger and, even then, he might lose visitation but he wouldn't lose his rights as their natural parent.

Why if he doesn't see them anyway do you want to withdraw his rights to see them?

ScottGem

I've moved this to the Family Law forum where, as Judy pointed out, there are hundreds of threads all asking basically the same question and getting the same answer. I would suggest you browse through these threads a bit.

I don't understand why you want to terminate his rights. What advantages do you think that gives you? You apparently have full custody and are getting child support. So what if he chooses not to see the kids, that's his loss. As long as you are getting support why upset the status quo?

excon

Hello:

Taking away rights someone doesn't use.... is like a person finding a purse on the sidewalk with a $100,000 in it, just two seconds before you came along...

You'll never know what you lost...

excon

stinawords

As said, no. Most states do continue support even after a TPR and a few stop support when a TPR is granted. However, no state will grant a TPR for him not visiting.