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View Full Version : Where and how do I file to have NCP's rights removed?


willow51
Nov 2, 2011, 09:58 PM
I recently moved to Arizona from Nevada (where we previously had a child support order that was more or less ignored by the non-custodial parent). My daughter was born in New Mexico.

A little back-ground: My daughter recently turned four years old, and in the time since she was born, her biological father has had no more than one year of interaction with her cumulatively. He paid about a full year's worth of child support total. There has been no contact, or attempt to contact since the end of May. He has "fail[ed] to provide the child with proper care, guidance, or support" (NRS 128.020 "Unfit parent").

It is my understanding that under Nevada Revised Statutes, a parent can have their rights stripped for "child abandonment" when they have not had contact with the child in six months, and when there is no written agreement about visitation/custody. Because our history (and the NCP) is in Nevada, could I attempt to have his parental rights stripped there, would I have to file here in Arizona because that is our new state of residence, or would I go through New Mexico because that is where the child was born?

Beyond that, how would I procede? I saw the FAQ stating that "child abandonment" does not mean "no contact" in most states, but did not see the list of states where that would be the correct terminology, so what would I call it? I do not want his money (not that he has any or would part with it if he did), so please don't advise that I get a support order. I want his rights stripped so that he can't show up on my doorstep in three years and throw my daughter's world into turmoil.

ScottGem
Nov 3, 2011, 03:54 AM
. I want his rights stripped so that he can't show up on my doorstep in three years and throw my daughter's world into turmoil.

Did you also read the Sticky (FAQ) on Terminating rights? That has more bearing on your situation then the Abandonment sticky.

First, you indicate there is a support order, but don't say what state issued that order. If the father still resides in the jurisdiction of that state, then that state has jurisdiction in your case and its laws apply.

Even if the law states a parent CAN have rights removed, that doesn't mean the courts will do it. They are unlikely to do so. That's what the other sticky talks about. I'm afraid you will have to live with the concern of the father deciding to be a father in 1, 3, 5 or 15 years or more. You can probably be awarded full legal and physical custody with no visitation. So he can't just show up on your doorstep. But if he goes to court, he may be able to get some level of visitation even in the future.

You also stated you just moved. Is there a standing visitation order? Did you get court permission to move?