Here's the deal my child is 3 and her bio dad is a very unresponsable person we have never been to cort execpt for child support (that i never get) i dont think he will ever take me to cort for visation but you never know. I dont let my child see him due to too many reasons besides the drugs. My Question is if he ever takes me to cort is it going to be hard for me to prove what a horable father he is ? and Are there any more options that i have that i dont know about? by the way he will not sign off his rights so that my husband can adopt her.
2006-10-13 14:44:11 · 14 answers · asked by malinda v 1 in Family & Relationships ➔ Other - Family & Relationships
you should have him drug tested. If the test comes out positive, then you have every right to refuse him from seeing your child.
About child support, take him to court again, probably the judge will give you the money straight from his check.
2006-10-13 15:06:54 · answer #1 · answered by jigenlo 3 · 0⤊ 1⤋
You may be worrying about something that will never happen. If he's a true drug addict then his only real concern is how he's going to get high the next time he feels down.
So the big question is when is he ever going to be distracted enough from his habit to find the time to drag you into court? Even if he's on a lucid enough period that he can get a case filed in the courts, he will have to stay that way long enough to remember the court date & make it there sober.
Even if he does make it there he may do you a big favour & show up all strung out on drugs.
Having said that, there is a possibility that he will one day straighten out, & want to take an active role in his child's life. You might want to give careful consideration to this, as your child may benefit from knowing his/her bio DAD.
The longer he takes to get to that point the harder he makes it for himself to be able to go to court & get sole custody of the child.
Taking away his parental rights in the courts will be a difficult thing to do, especially if he contests it.
Right now as long as he's a drug addict then you have a good argument for keeping him away from your child. Perhaps a protection order would be an appropriate thing to look into.
2006-10-13 15:01:03 · answer #2 · answered by No More 7 · 1⤊ 0⤋
I have a 17 year old step-daughter who has never met her dad for the same reason. You shouldn't have a difficult time with the visitation thing. Depending on the state that you live in, you should be able to contact social services and have them help you collect the child support. His not paying it doesn't help his cause.
The adoption issue is more of a tough one. You'd have to get a lawyer to help you with that, but it might be worth it for peace of mind. Chances are that if you put enough pressure on him legally, he wouldn't have the money or the responsibility to do everything he's supposed to, so he might just give up and sign over his rights.
Hang in there! There's plenty out there just like you, and we're almost to 18 when she can make her own decisions. If he comes back to the state of Maryland, he is supposed to immediately be arrested and he owes $86,000 in child support!
2006-10-13 14:48:42 · answer #3 · answered by TrainerMan 5 · 1⤊ 0⤋
I do not know what state you live in, but in the state of Texas if a father leaves a child with the mother, and you have not heard or received any child support from him, that means that he has abandoned the child, and the court will automatically relinquish his parental right to the child. you can also request that the court announces you the PMC of the child (permanent managing conservatorship) over the child, and after one year he has still not done anything about taking financial responsibility for the child, relinquishment is still open. Contact a family law attorney in your area
2006-10-13 14:51:20 · answer #4 · answered by JANET 2 · 1⤊ 0⤋
The best way to protect yourself is proof. Does he have a criminal record involving drugs?? Do you have any of him family members that will testify against him. Hard proof will be the best thing to make sure you will be ok. If you do have a good amount of hard proof you may even be able to petition the court to terminate his parental rights since he doesn't see her anyway. Good Luck.
2006-10-13 14:47:22 · answer #5 · answered by LovePotion 2 · 1⤊ 0⤋
If there is police reports you can use that in court. If the cops were ever called to your house they still have to make an incident report also. If you can prove that he has a problem they still may give him supervised visitation. It is almost impossible to take a parents rights away, but it doesn't hurt to try.
2006-10-13 14:49:50 · answer #6 · answered by Marla C 2 · 0⤊ 1⤋
First for your daughter's sake, it would be wise to get her father's DNA test results so that she have something of his medical history. Your daughter will be curious about her father some day, so you might as well allow her to be visited by him, if only in your presence. The courts do look favorably on biological fathers who desire to visit their biological children, but they would put up with inappropriate activity on either parents' part. It's nice your husband wants to adopt your daughter. That's commendable, however, she'll still need her father in her life in some way, if only to deal with her legitimacy. Deal with it positively, i.e., without any negativity. As she grows to an adult, she'll deal with the negativity.
2006-10-13 14:58:28 · answer #7 · answered by Anonymous · 0⤊ 1⤋
My sister is in the exaact same boat. Take it to court and let the courts deal with it. If you can prove he's a druggie, you'll win.
2006-10-13 15:31:33 · answer #8 · answered by Anonymous · 1⤊ 0⤋
if the bio. father uses drugs n u get a good lawyer that can prove that, u will have no problem getting full custody especially if u REALLY belive that letting the child visit the father would put him/her in danger.
good luck....keep ur kid safe!!!!!!
2006-10-13 14:48:11 · answer #9 · answered by maiabell2 2 · 0⤊ 1⤋
good luck i went to court last year to fight for full custody of my child hes sounds to me to be just like your ex he accidentally burnt his parents house down when he was on drugs but anyhow he was in the court house literally nodding out cause he couldnt even stay sober for the court date but he gets my daughter every other weekend most holidays and every other wednsday on the plus side he lives with his parents still at 31 years old and they take care of my girl when shes there hes rarely ever alone with her and not aloud to drive with her but it still scares the hell out of me i just wait for the day when my daughter makes the decision herself not to go i wish you the best of luck if you can afford it get a GOOD lawyer i'm sure its worth it
2006-10-13 15:19:30 · answer #10 · answered by tweedledee1979 1 · 1⤊ 1⤋