My ex hasn't seen his childern in over 3 years is it true that anything over a year of not following his visitation he can get his rights as a parent taken away.This is all his desion on not seeing them.I feel bad for my childern.
2006-07-17 11:12:34 · 7 answers · asked by Annette H 2 in Pregnancy & Parenting ➔ Parenting
My husdand and us would like to move out of state and don't want any problems.
2006-07-17 11:23:47 · update #1
It depends on the state that you live in. Most would say it is up to the biological father to choose to visit. Unless you want to pay an attorney to request his visitation rights be removed, there is nothing you can really do unless your new husband is wanting to adopt your children. If your new husband wants to adopt your children, then you will still have to hire an attorney, draw up the documents, and then have him served, go to court, etc...if he fights the adoption process then your attorney will bring up the reasons behind the adoption request. If the judge decides in your favor, then your ex will lose all rights to visitation, nor will he be responsible for paying you child support. Legally, there is nothing he can do if you move out of state, it is his responsibility to be a grown up and visit his children, not yours to remind him. Some men, and women make poor choices when it comes to being involved with their children once a divorce has occured. My son's dad has not seen them in over 4 yrs, so I understand, plus he lives in a different state, so his absence is his loss, not my boys. My boys are old enough now, that they have no desire to see him. Never degrade the ex to the children, all i can tell you from experience with the same kind of issue, is I tell them that their dad has a busy scedule, and one day he might be able to make the time, until then, I am here for you. It really does help, and after a while once they realize and understand you are not keeping him from them, and believe me the older they get they understand, they will not be too concerned about him. Unfortunately my boys really resent their dad now, because it has been 4yrs, but you know...that is his problem to deal with as they get older. Keep your chin up, you will get through this. Think hard about the adoption thing, but I just hate to see you spend money because he choses to be in the shadows. Move if you want to, he will have to take you to court, and as long as there is nothing in your divorce decree stating you cannot move out of state, then do what is best for you and your children, they deserve to be happy, and so do you. If he does start wanting to see them once you move, I would ask for an ammendment to the divorce decree stating that he cannot leave your state with them, or have DHR(Dept of Human Resources) intervene and assist you with visitation. Plus in my state, just because you pay child support, does not mean you have visitation. It's two separate issues.
Good Luck...I know what you are going through!!!!
2006-07-17 13:08:27 · answer #1 · answered by thedothanbelle 4 · 2⤊ 0⤋
newborn help isn't many times based on visitation or vise versa. That being pronounced - there are issues you're able to do to get your money - if necessary, a courtroom order could be made which could have the newborn help bumped off form his paycheque promptly so as which you get your money. On a extra very own point - do no longer use visitation as a potential to get money. while you're actually not doing it to wreck the newborn, the newborn won't comprehend that. Your newborn could desire to by no potential be used as a gadget or "brbde" whilst it includes handling the different be sure - for newborn help or the different reason. infants want stability - for the newborn's sake, seek for criminal potential to get your money without disrupting your newborn's existence to any extent further then genuinely necessary.
2016-11-02 05:57:43 · answer #2 · answered by falls 4 · 0⤊ 0⤋
most states won't allow his rights to be terminated w/o another person legally to step in as father. (like your new husband adopting them). The reason being, if you ever needed help,(food stamps or something) then the state wouldn't have a father to collect child support from. When rights are terminated he is not obligated to pay child support. But if he hasn't seen them in 3 years a judge would more than likely agree to let you move with out of state.
2006-07-17 11:35:28 · answer #3 · answered by Molly 6 · 0⤊ 0⤋
you could go through the courts and have an amendment done. but why? is he doing anything with his rights? if he's not seeing them, why bother? if he's trying to take custody, or you're hoping to fend off any later problems, then go file a complaint......... but otherwise, what's the point?
2006-07-17 11:19:15 · answer #4 · answered by Ananke402 5 · 0⤊ 0⤋
They will consider it abandonment. Then if he decides to want to see the child, also depending on what state you are in.
2006-07-17 11:17:05 · answer #5 · answered by proud of it 4 · 0⤊ 0⤋
yes, but you'll have to go back into the court system with the evidence that he hasn't seen his kids in three years despite your willingness to get them together. they'll consider him unfit.
2006-07-17 11:16:07 · answer #6 · answered by Karen H 3 · 0⤊ 0⤋
you have to go to court to get anything officially changed. i am sorry for you and your kids...that is a really sucky situation
2006-07-17 11:17:35 · answer #7 · answered by Anonymous · 0⤊ 0⤋