Hi, my ex hasn't seen my daughter since March 2008. I have full physical custody and, we share legal custody. He was ordered to pay child support in May 2008. The judge also stated I could have the support payments start from the day I petioned the papers and, that he would also have to pay interest for the back support. Well, here I am 18 months later, and he hasn't seen her, or paid me one penny of support. I petioned the court for him not paying child support and, to also have the visitation order amended. I asked for him to have no legal custody and, no visitation because he hasn't seen her for so long. He has 3 other children besides my daughter. He has a son that is 1, and 2 daughters that are 5 and 7. He signed his rights over to the 2 girls when my daughter was 2 months old. She is 26 months old now. He is still with the woman that is his son's mother. My question is we go to court Tuesday, and since he has chose to not see her, and not pay any child support can the courts suspend his rights? Can I bring up the fact that he has 2 other children that he gave up? If he gives up his rights when we go to court will the judge still order him to pay the back child support that is owed right now? Any help would be greatly appreciated! :confused:

They will not ''suspend his rights''
They may revise the visitation order or enforce it but it will have nothing to do with whether he has paid anything or not.

They will enforce that he has to pay up.
If he still doesn't pay up... back to court.

I don't know at what point they put dead beat dads in jail for failure to pay.

No, they will not suspend his rights... there is no such thing. As for the other two children that are no longer his that was probably because their mother was remarried to a man that wanted to adopt so he didn't really give them up he allowed the adotion. Unless of course he presented a danger to the children in which case I don't see why you want him to have visitation. The court will enforce the support order and may modify the visitation if that is what you are going to court for. But as said there is no suspension of rights.

My husband wants to adopt her. Should I just wait and see what happens at court, and if he doesn't sign his rights over then, petition for my husband to adopt her?

Have you talked to your ex about letting your husband adopt? You can't have an adoption without your ex's consent. I think to save time and trouble you should bring it up to him before court. Then if he is okay with it let the Judge know that is the decision you and he have made.

If you and your husband are serious just ask the ex if he will allow it. He should know by now that by allowing the adoption he will no longer owe child support. If he will allow it then hire a attorney to draw up the papers and it will be easy. If, however, he will not allow it he can easily stop it. You petitioning the court will not mean much unless you have a great attorney and case to back it up.