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flyaway21 · May 23, 2008, 06:26 PM

I have a 4 yr old son. His father walked out on me 2 weeks after he was born the only way that I have been able to get him to see him is when I force him. He does not pay child support or support my son in any other way. Recently I found out that he was using drugs such as coke and X. Last month he had overdosed on x attempting to take his life, He has used in front of my child and he has had my child around junkies, to me that's endangering him after I found out I wouldn't let him near him. Can I have his rights taken away under these circumstances?

stinawords · May 23, 2008, 06:32 PM

You would have to prove to a judge that your son was in danger (can be hard to do). What I would advise is to go to court and ask the judge to issue a child support order and to allow supervised visits only. If he dosen't take advantage of his visitation that is his choice you can't force it. But when a support order is in place you have a better chance of collecting from him and if he still dosen't pay he can be held in contempt.

Fr_Chuck · May 23, 2008, 07:00 PM

Most likely if you can prove all of this in court, are there police records showing him arrested for the drugs, is there evidence in medical records of his trying to kill hisself. So yes this can be done ( or at least make all his visits supervised)

If you can't prove this ( just you telling the judge what you saw is not proof)

flyaway21 · May 23, 2008, 08:15 PM

I have proof of his overdose. Hehas been arrested on a drug charge or so he says. But I filed for child support 3 yrs ago they ordered him to py 50 dollars sometimes he pays sometimes not. He won't come see him even if he is given visitation

stinawords · May 23, 2008, 08:36 PM

Well as for visitation as I said that is up to him you can't force him to use that right. You can go back to court for the child support to have it enforced. The judge will probably give him a warning first but then after that if he continues not to pay his wages can be garnished, he might have to sit in jail for a weekend first then longer. You can present the medical papers showing the overdose but unless you have proof of him endangering your son (being around junkies and other things you mentioned) it isn't likely the judge will grant a TPR however it is much more likely that his visits will have to be supervised.