View Full Version : Rights terminated & asking for child support.
blessings1998
May 10, 2009, 06:54 PM
Hi Im new here and hope to get help that is the facts as everyone I know has a different answer.
Here goes:
Make a long story short, I am a young single mother of 2 girls. 1 is about to be 13 & the other 4 this month. Both different fathers. The first I was young and her dad didn't want her & sued me for custody and said to me that when he gets custody I will see how bad I want to be with him to be with my daughter. She is now about to be 13 and we live in fl. Because I moved away for a new job during the courts said I abandoned her and terminated ALL my rights. My parents kept the case going trying to fight for her as it was my parents & I vs him as us as the defendants. Anyway he won and my parents got visitation and I got everything taken from me and now he is serving me for child support!
Is this possible?
If so does this open the case for me to see my daughter through visitation ?
How old does she have to be to tell the judge that she is miserable with her dad and wants nothing to do with him?
IWHO
May 10, 2009, 07:04 PM
I am not an expert on this, but if your parents have visitation, why are you not able to see your daughter while she is with them?
Yes, he can file for child support from you as the mother and I would assume that you should be able to go to court for visitation rights, but you may have to get your parents to give up their rights first... not sure on this...
Every state is diff in when they will allow the child to have a voice... doesn't mean she has a SAY, just a voice...
Like I said, I am not an expert... the legal eagles will be along shortly, I'm sure...
But I would definitely talk to an attorney... you can usually have an initial meeting for little or no cost...
stevetcg
May 11, 2009, 04:42 AM
A few issues here. First, I doubt that your rights were actually terminated. Termination means you can never get them or only get them back by a set list of reasons. If a court would take that away because one parent was absent, most of the kids in the country would only have 1 legal parent. More likely you lost custody and got no visitation. That is very different. A decent lawyer would be able to challenge that and get you visitation.
As for support, unless the child was adopted, even if your rights were terminated (which I doubt), you should still be on the hook for child support. So in essence, yes, that is correct.
She can tell the judge at most any age. 18 is when the judge has to care. Some states instruct the judge to use the child's wishes in weighing their decision, but ultimately it is the decision of the court.
Bottom line: you need a lawyer.
blessings1998
May 11, 2009, 08:17 AM
Yes I do see her through my parents and yes they terminnated my rights and he has been investigated by child services several times and yet he still has her and she hates him with good reason. The same reasons I left him are the same issues he has with his daughter. So to someone who can't afford a good lawyer or a lawyer at all what should I do. Lawyers are just so expensive and in this econnomy I am lucky to be making it... I have another friend that said her rights were taken and her father has her son and she is never allowed to see her son even so that her daughter can have a relatinoship with her brother and when her father went after her for child support her mother filed an appeal and the courts dismissed the request. Any thoughts? Suggestions, etc.
Oh and thank you to those that have already responded.
Synnen
May 11, 2009, 08:20 AM
If you don't get a lawyer, you're probably not going to get anywhere with this.
It takes a LOT to have parental rights terminated--and abandonment isn't enough in most states.
You really NEED a lawyer to help with this. Contact your local social services department, and they should be able to put you in contact with a lawyer that may work on a sliding scale.
solamente
May 11, 2009, 08:43 AM
Every state has low cost legal services. Contact your state's bar association to find one. Began documenting the stability in your life through letters of recommendation from clergy, bosses, charities you volunteer for, etc. You must get an attorney for this, there is no other option. Good luck.
solamente
May 11, 2009, 08:47 AM
Here is the link to various pro bono and low cost legal services:
Legal Aid Information for Consumers (http://www.floridabar.org/tfb/TFBConsum.nsf/840090C16EEDAF0085256B61000928DC/A99E4C9F07844AC385256FF90073D012)