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    babyjake's Avatar
    babyjake Posts: 1, Reputation: 1
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    #1

    Jan 16, 2011, 05:32 PM
    Father dead or alive?
    I have sons 12 and 10. My husband and I were divorced in 2003. He has not paid any court ordered child support in as many years. He has not attempted to see the boys since then either. Not a birthday card, Xmas card or phone call. The boys don't even remember him. It has been estimated that he owes about $40,000 in back support. I have been remarried for 5 years to a man that HAS supported my sons. My ex has been involved with domestic violence (hence our divorce) drugs, theft, on and on. EXCEPT, we don't know what he has been up to OR where he has been in the last 6+ years. His own parents haven't heard from him in that long. We don't even know if he is dead or alive. QUESTION? Does he after so many years have ANY rights to my boys if he should show back up? Abandondment statutes, etc. We live in Indiana.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jan 16, 2011, 05:40 PM

    Hello b:

    He has whatever rights were granted to him in the divorce.. NOT taking advantage of them doesn't REMOVE them.

    excon
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #3

    Jan 16, 2011, 05:50 PM

    Yep, agree with Excon. He has not abandoned them if you have custody
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jan 16, 2011, 06:35 PM

    Yes, every right he had on the day he left is still there, You may do something's, if you wish.

    You will of course have to do service by publication since he can not be served. So you optons is to go to court to restrict his visits ( he can of course file to get them back.

    Or your new husband and you could file for him to adopt the kids if you both want that,
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