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doll472003 · Mar 7, 2009, 08:29 PM

I would like to know if a father's parental rights can be terminated without terminating his support obligation. I live in Georgia and have sole legal and physical custody of our daughter. At this moment, my exhusband owes me over $45,000 in back child support. He hasn't had any contact with our 12 year old daughter in over a year and a half. She doesn't want anything to do with him. We are both scared that if something happens to me that she will be forced to go live with him and his live in girlfriend(who has a criminal record). They both do drugs and are very unstable. He moves from place to place to avoid child support enforcement(and other bill collectors) from catching up with him. Every time we find him and get a court date he moves when they try to serve him. In the past I have begged and pleaded with him to get his life together for our daughter's sake. I've told him she needs a mother and a father. Two years ago he talked me into dropping my child support case. He swore on our daughter's life that he would do right by her meaning being a part of her life as well as financially. Shortly after dropping the case, he moved to a town about 60 miles away. For the last two years he has sent her nothing for Christmas, not even a card or a phone call. Her last birthday came and went without a word from her father. Her birthday is coming up at the end of next month, and I expect the same. I have been told by my child support agent (who is a former DFACS agent) that a parent's right can be terminated without terminating their obligation for support. She said that it was all in the wording of the order for terminating rights. I have spoken with two attornerys, and they have said that when the parental rights are terminated so is the all obligations.

If anyone knows the Georgia Code that states parental rights can be terminating without termining support obligations, please post it here. I really don't want to terminate his parental rights, but I feel it might be the only way to ensure her safety should something happen to me. She's his daughter too and if he choses not to be part of her life, then that's his decision. As far as his support obligation, I think he owes her at least that much. I work two jobs to support and provide medical insurance. She has all of her needs met, but if he would do his part she could have some of her wants met as well. At least then, she would know that maybe, just maybe he did still care about her. I think all little girls want to be wanted by their daddys. She has a stepfather, but we all know that is not the same to little girls.

If anyone has any advise, please feel free to post. I would greatly appreciate it.

Fr_Chuck · Mar 7, 2009, 08:41 PM

Georgia is tough, just not visiting and not paying support is not enough to take away any rights,

Is he a drug user, has he been to prison for long term, what danger is there. Is he a registered sex offender, convicted of a violent crime.

And even many of those still keep their rights, just get supervised visits in GA.

If your husband wants to adopt, I would try that, but make sure you are chasing him hard for support, that way he will sign his rights away. ** of course you lose future child support.

But why is he not in jail ? Georgia is real good about putting a man in jail for not paying support,

doll472003 · Mar 8, 2009, 07:09 AM

Why he's not in jail is a good question. They have to first find him, get a court date, and then have him served. This is a state agency. Their process takes time. And by the time we find him, and get a court date. He moves before he can be served.

As for has he been in prison, the answer is no. He has never been arrested for drugs that I am aware of. He has been arrested for driving on a suspended driver's license. And when our son was just barely 15, he allowed him to get drunk and high with himself and all of his adult buddies. I called the police. They told me to take my son to the hospital to have him checked for alcohol poisoning. He was twice the legal limit for a juvenile (he would have been DUI even as an adult) and also tested positive for marijuana. The cops wouldn't do anything to his father. Apparently it is legal to give your child alcohol in the state of GA while at your home. The fact that they weren't at our home seemed to be irrevelant to them.

It's not just the fact that my ex has all but stopped paying child support, he has for the most part abandoned our daughter. She does not want my current husband to adopt her. She just doesn't want to ever have to go live with her biological father.