My daughters biological father has not been involved in her life for the last 6 yrs. She is now 8. I recently deceided to file for child support. We have a horrible history and he was physically abusive. The reason I never filed was because I was terrified of him. Now I have married and had two more children with my husband. He has taken full responsibilty for my daughter but I now feel it is time for her bio father to help. He will not be allowed to have contact with her because of his abusive history. He just got out of jail and is on parole, his mother told me that as of the first of the year he will be leaving the state.Shouldnt he still be responsible for child support? We havent even had our first hearing. I was told that if he left the state the case will be thrown out!! HOW IS THAT POSSIBLE??? What do I need to do???
2007-01-22 04:00:20 · 3 answers · asked by felixnstacey@sbcglobal.net 2 in Politics & Government ➔ Law & Ethics
I highly doubt that he will be allowed vistitation once a judge sees his history. He had once even kidnapped my daughter after she was born. He refuses to give up his rights I have already tried. In order for him to have rights he would have to hire an attorney and I know he wouldnt make time or pay for that.
2007-01-22 04:09:41 · update #1
If you have already started the proceedings and notified him of the court date, he still has to show up. If he doesn't, then you likely will get what you ask for--provided you can show proof of his income. If you can't show that, then many states have a minimum amount (usually $25 a week or so) that he can be required to pay. The trick then, is going to be finding him to make him pay.
You may want to think about terminating his parental rights and letting your husband adopt your daughter. If he has not had contact or paid support in a year AND the step dad is willing to assume the role of her father, then you can probably get that done. Again, you will have to give him notice that you are trying to do this.
Your attorney should be able to answer these questions for you, that's what you pay then for. Good luck.
2007-01-22 04:08:22 · answer #1 · answered by kathylouisehall 4 · 0⤊ 0⤋
If you ask for child support, he can legally ask for visitation. Why not just let him go. Better still request he give up all parental rights. You start screwing with him for support and you may not like the can of worms you open up.
2007-01-22 12:05:51 · answer #2 · answered by netnazivictim 5 · 0⤊ 0⤋
They will throw the case out because your state court has no jurisdiction over an out of state father.
you either have to slap him with service of process when he is in your state or file for support in HIS state.
2007-01-22 12:30:34 · answer #3 · answered by BigD 6 · 0⤊ 0⤋