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manicmom3 · Sep 22, 2007, 07:13 PM

Hi, I'm hoping you can answer a couple questions for me. I live in ny and have 3 common children w. my husband. We have been separated by a restraining order I took out against him in feb. of '05. In family court he was given once a week supervised visitation. The last time he utilized his visitation rights were on sept. 21st of 05. Aside from the state mandated child support, he has had no contact w. them.

My questions are, has he now met the abandonment statute?
If I proceed w. attempting to have all of his parental rights severed is he still obligated to pay child support?
w. my having sole physical and legal custody of the three children, am I legally able to change their last names, while he still has visitations rights?

Thank you for your time.

Jillian

ScottGem · Sep 22, 2007, 07:35 PM

Terminating parental rights is a difficult issue. Why do you think its necessary? Apparently he is not exercising his rights, so why do you think its necessary to do so?

manicmom3 · Sep 22, 2007, 07:50 PM

Because he uses it as a bargaining chip. Our children are young enough that only the old enough, 3, is old enough to remember him and now has a very strong abandonment complex.
Are you in a legal field?
Anyway, if possible, I would appreciate answers to my questions.
Thanks,
Jillian

ScottGem · Sep 23, 2007, 06:55 AM

You WILL need to get an attorney to proceed against him. So I suggest you consult with a few. Most will offer a free consultation and they can let you know the viability of your case.

I would have to say its not good though. In most areas, terminating parental rights does not terminate parental responsibility, i.e. for child support. But, again, termination of rights is rarely granted by the courts. Generally, its only granted when there is a step parent wanting to adopt or if the bio parent represents a danger to the child. If he was granted visitation, even supervised, the courts probably did not feel he was a distinct danger. Just the fact of not exercising visitation does not constitute abandonment.

Bottomline is I don't think you stand much of a chance of terminating his rights in this instance, but please do consult with some local attorneys for their opinions.