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

    Jul 28, 2012, 05:55 PM
    What legal rights does a father have when he has paid no child support and hasn
    I have an 8 month daughter. The father has only seen her once the month she was born. At what point does the father involuntarily give up his rights in Massachusetts?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jul 28, 2012, 06:02 PM
    He does not. He has the rights he gets in court. So what rights has he filed for in court. And what rights have you filed for in court ?

    Have you gotten a custody order yet ? If not why ? Do you have a child support order ? If not why and if there is no child support order, he does not even owe support at this time.( at least legally

    So you have not told us anything from a legal point that can answer your question.

    He will have rights to visit if he asks the court for them, but it appears he does not want them. If you get a child support order, he has a obligation to pay support
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jul 28, 2012, 06:25 PM
    What makes you think he can involuntarily lose his rights?

    Only a court can terminate parental rights. So to get his rights terminated you have to petition a court to do so. And courts are very reluctant to do so. In a case like yours the general feeling is that since he's not using those rights, why terminate them? If he ever tries to use his rights, then the court will look at how this will affect the child.

    Have you filed for child support?
    megamom2011's Avatar
    megamom2011 Posts: 1, Reputation: 1
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    #4

    Jul 28, 2012, 06:38 PM
    Well hadn't planned on divulging everything about my situation but if I have to... I'm on MA welfare so the second my daughter was born the state took the necessary steps to take him to court. He has not seen her or paid anything at all. We went to court almost two months ago and he did not show up so they gave him another chance and I'm waiting for the next date notice. He signed the birth certificate but she has my last name. So since he was a no show for court nothing is set details- wise. I'm just wondering if anyone knows if the state of MA has an "abandonment" type law wherein the mia parent is stripped of his or her rights after a certain amount of time. I.E. after 1 year of no contact n no support does he involuntarily relinquish his rights per the states law?
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #5

    Jul 28, 2012, 06:43 PM
    Nope. The ONLY time state revoke parental rights involuntarily is if the parent is PROVEN to be a danger to the child, or if it is PROVEN that it is in the child's best interest to have another person adopt.

    He can file for rights in court at ANY time up until the child is 18. ANY TIME. That doesn't mean he'll get everything he wants (custody, for instance, if no relationship is established with the child), but it DOES mean that YOU need to get your ducks in a row.

    File for sole physical and legal custody with the courts. Make sure to file for child support once you are no longer on state aid (while you are on state aid, he must pay the STATE back for supporting you).

    He can't just show up out of nowhere and claim his rights--he MUST go to court for them. HOWEVER--if YOU have not gone to court to establish custody BEFORE he establishes his rights, you are EQUAL in the eyes of the law.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Jul 28, 2012, 06:45 PM
    Why using two IDs?

    And no you didn't need to divulge anything more about your situation. I already answered your question. There is no automatic law that removes his rights after a time. The only way to get his rights terminated is through a court proceeding.

    Quick Summary of the Path to Terminate Parental Rights in Massachusetts - Avvo.com
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