The father of my child has not been in her life for the past few months, when can I get him out for good?

Question

He currently does not contact her, or try to make the effort to see her. His sister picked up my daughter to go out for a bit, and ended up taking my child to his house because "he needs to see his children". But has not put forth the effort, how long before he basically gives up his parental rights? And if he does then what about the child support?

Answer 1

There is no other way to settle it other then to take him to court for child support and visitation rights with in reason.

Answer 2

I’m thinking maybe you’re considering this to be ‘abandonment’? It takes a lot longer than a few months of no contact to constitute abandonment (a year at least and maybe longer, depending on where you live). And, he DID have contact with the child (regardless of the fact that someone else picked up the child and took him/her to Dad’s house). Also, in some states, even if there is no actual contact between the parent and child, as long as child support is being paid, that is considered ‘contact’.

In order to terminate his rights, you’d have to take it to court, because it requires a judge’s ruling. Be aware, that *generally speaking*, judges are very reluctant to terminate parental rights unless it’s for the purpose of adoption (ie a stepparent adoption) or the parent is unfit/a danger to the child (and it takes A LOT to reach that category).

Now, I say that assuming you're in the U.S, but if you're not, then things may be different where you live.

Answer 3

I say that if he is currently paying child support and you rely on it, then leave the situation alone. He is paying you and you don't have to deal with his crap. Your daughter has you, that is what is important. If he is not currently paying child support, nor do you want him to...and you want his rights gone...you can file for full custody. As long as he doesn't object, his rights will be taken away. If he does object, he would do that by filing for joint custody. In that case the judge would make him take her every other weekend and 2 weeks in the summer.

So I guess you should think about what you think is best for you and your daughter, then seek legal advice. Every state has different practices when it comes to child custody and support so check with a laywer just to make sure. Good Luck and I hope that this helps.

Answer 4

I have the same problem with my daughters father. For years he did nothing but pay the child support. The courts made sure of that! I just went about my business loving and raising her the best I could. My daughter is graduating in June and then going to college in the fall. I must have done something right! I never had to say anything bad about her father...she just doesn't want anything to do with him now and she has made that very clear to me and everyone. Someday when he is old and dying he is going to wish he had one of his daughters to hold his hand and tell him they love him. He has an older daughter by an ex wife who he treated the same way as mine. He wasn't even invited to the older daughters wedding which tells me how she feels about him. If you get him to give up custody or have it taken away by the courts you get no more support from him. You will have to check with a lawyer in your area about the legalities.
Good Luck To You...
*Hugs*

Answer 5

You shouldn't be so quick to get him out of her life, she really needs a dad. You can get child support from him now, he'll just pay more the less time he spends with her. He only pays for the day you have him, but it doesn't change every month its a pre set amount the court orders. Plus it depends on how much he makes. He doesn't ever give up his rights unless he signs them away.

Answer 6

there is no limit time. you have to go to court and ask for whatever it is you want as far a visitation in a set manner but the judge will not go for no parental rights no matter what. you can request it and state why as you have here then if the judge grants you all parent rights and he doesnt show up to establish the visitation status, then you could have the way you want until dad goes to court to change it. but even if he does show up in court to set a visitation right, he could go back to once a month or whatever and the original will still stand. is there a good reason why you dont want the dad to visit. other than his inconsistency? that is not enough for the judge to say his rights are gone.

Answer 7

Why wait for him to give up his rights, have a lawyer draw up papers relinquishing all rights to your daughter and a stipulation to pay child support. Don't sit around and wait for him to pay, because he won't. You need to take legal action and talk to a family attorney. Once it's in writing then you have something you can go after him with if he stops paying. If there is no court order, good luck getting a penny out of him.

Good luck

Answer 8

put him on child support before he gives up his parental rights because 9 times out of 10 he has no intention to be in ur childs life

Answer 9

You need to file for a court order like yesterday.

Please get off your bum and do it now. You do have a right to back child support and you'll get it.

Please quit worrying about him and what he thinks, if you do I guarantee you'll regret it for the rest of your life.

Your children need his financial support. Get this done ASAP!

Answer 10

nothing you can do until she is 18 and makes the desicion herself or he signs off on parental rights and it's up to him if he wants to do that. there is no time limit. if he does sign off,there is no child support. is he supporting her now?