I don't know how to go about getting full custody of my child. The father hasn't been in the picture for a long time and is now in prison... can I file abandonment charges on him?
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I don't know how to go about getting full custody of my child. The father hasn't been in the picture for a long time and is now in prison... can I file abandonment charges on him?
If he is incarcerated, no, I don't believe so.
He last saw our child around Christmas of 05 and he didn't go to prison until June or July of 07... do I still have to wait until he gets out of prison to file the charges?Quote:
Originally Posted by charlotte234s
I think so, yes, if that's the case, because technically he is away at the issue of the state or government, not his own will right now.
Is there a way that you know of that I may get him to sign over his rights to our child?Quote:
Originally Posted by charlotte234s
You have to talk to him and have him consent, and then there are forms you have to fill out and such, you will probably have to get an attorney to help you.
I'm scared he won't sign them over just to upset me... he is a violent man and I don't want him around our child. He has three other children by two other women and he beat his last g/f, the mother of his most recent child, on two separate occasions with a baseball bat... My child doesn't even think he/she has a father...Quote:
Originally Posted by charlotte234s
I've read a lot on here about the fact that even if they sign over their rights they would still have to pay child support. What if I didn't want him to pay it? I want him completely out of the child's life until the child wants to know the father.
If you don't want him to pay child support, you don't file for child support, or go to court and have it changed so he doesn't have to pay child support. He has to consent to signing over his rights.
Thanks for your help! Now I just need to decide if I'm going to go out to the prison and ask him to sign away his rights or just hope he doesn't come around anymore... :(Quote:
Originally Posted by charlotte234s
In Ohio and have been through all of this too.
Filing abandonment does nothing unless you are using it for grounds to terminate his rights to allow for a spouse to adopt the child. If you are not married, or if you are married and your spouse does't want to adopt the child, you cannot get his rights terminated unless it is proven in court that he is a danger to the child. On the same note, he cannot willingly relinquish his parental rights unless there is a spouse willing to adopt the child.
A few years ago my daughters father finally agreed to relinquish his rights... I went immediately to my attorney with this. That is when I found out it couldn't be done unless I had someone to adopt her. I wasn't married at the time so I even went as far as asking could my mother adopt her in his place and that wasn't possible either (in that case I too would have to relinquish my rights).
I since have gotten married and went to an attorney to see if I could get his rights terminated based on abandonment and was told no because I get child support. So regardless that he has not seen her in almost 4 years, the fact that he paid child support serves as a form of involvement.
Luckily I asked him again to relinquish his rights and he agreed again. This time I am able to go through with it because my husband will be adopting my daughter.
He may choose not to see the child, in which case you don't have to do anything because he is not exercising his rights anyway. You could check with CSEA and see if you are able to stop an exsisting child support order. They are harder to stop than start because it is a court order, but you could see. But if you are on any type of government aid... insurance, food stamps, etc. they will search out the father to pay support because ideally the mother and father need to raise/support the child, not the government/taxpayers.
So unless you have a spouse to adopt the child, he cannot relinquish his rights, nor can you have them terminated (again, unless it is proven in court he is a danger to the child).
He is over $10,000.oo in back child support I haven't gotten anything in years... does that make any difference?Quote:
Originally Posted by macksmom
Quote:
Originally Posted by charlotte234s
I don't know about Ohio (or if he is even imprisoned in Ohio) but in some States inmates cannot sign legal documents... or be served with legal documents.
Unforunately not.Quote:
Originally Posted by Easter
Unless you have a spouse to adopt the child, he cannot willing relinquish his rights.
The back child support would not allow you to terminate his rights either. He could spend more time in jail because of the back child support if you files against him, but in reality that just defeats the purpose because the longer he is incarcerated, the longer you go without child support.
First, there is this misconception about abandonment that just doesn't seem to go away. There isn't any such thing as filing abandonment charges against the other parent. Child Abandonment means leaving a child completely alone with no one to care for them. That's not the case here. What you are talking about is termination of parental rights (TPR) and that is rarely granted. Generally only in cases of adoption or the parent being a danger to the child. Since he's in jail he isn't a danger.
Now you do want to have full physical custody and you do want to prevent visitation. Those things are attainable given the circumstances. To get that you need to go to Family Court and file a petition for those things things.
If you don't want him to be a part of your life, then just ignore that he exists. If, when he gets out, he tries to appropach you, you can get a restraining order then.
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