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My ex has not been around to see our daughter in almost a year, he is supposed to have her everyother weekend...He wasnt around even when we were together.

2007-07-21 19:02:12 · 11 answers · asked by mommy_of_two 1 in Pregnancy & Parenting Parenting

11 answers

He does not lose any rights unless the terms of the custodial agreement are changed by a judge. If you feel the terms need to be adjusted, let him know. It might provide some motivation . . . .then again . . . .

2007-07-21 19:06:02 · answer #1 · answered by bedbye 6 · 1 0

Your ex has to apply for joint custody through a court. He cannot try take your child away from you or see the child with out concent. He can be arrested if he takes the child from you without your permission. Remember if he has been paying maintanance then he has certain rights ,however, you can lay down the law or a court will do it for you. The question is do you want him in your life? If your daughter has his surname then have it changed to you name or maiden name. You can apply to the courts for this. If you want him out of your life do not take any money from him. Cut all comminication with him and ensure that your friends are informed of your dissision. The good thing is that he has abandoned his daughter so this will help with your application. Good luck my friend.

2007-07-21 20:32:53 · answer #2 · answered by Charles Athole M 4 · 0 0

Thats not cool man. I am a non cust. parent that spends as much time as i can w/ my daughter. As long as this person has given you money (child support). Then all would stay in place via a final judgment that would have been handed down from a judge or from mediation between you both. As for "his rights" just stay prepared to supply him with time with your child when he does eventually come around. How old is he? Maybe he is afraid of the time alone with her ? you know like making mistakes or not sure he can do it all alone . Try to suggest him going to her daycare to read to the class of children. That will get him used to the rules of thumb as to caring for a young little one. Otherwise try not to worry about what is not in your control. just stay prepared and dont let spite get in the way. Please dont! I am a person that can atest to the damages that can be caused by a mother that uses the justice system to keep i and my child apart as much as she can. all i can say is take the high road in every situation. its hard belive me. but in the end you wont have to answer questions from your child regarding issues that you wouldnt want her worring about anyway. Joey. I hope that i can be of some help.

2007-07-22 06:32:30 · answer #3 · answered by Joey 1 · 0 0

If you have remarried or intend to in the near future, you can take the father to court to have his rights taken away, but I have only seen this done when there is another active father willing to step in and adopt the child.

He still right now has obligations to support your daughter. He doesn't sound like the type you would have to worry about dropping in anyways... and if he did... deny him... maybe the court wouldn't look at it that way, but honestly what good is he doing a child when that child doesn't know him. I'm not telling you to break your court order, but your #1 in life is to protect your daughter at all costs and if he isn't concerned with her and her stability than stand up to him if he comes knocking!

2007-07-21 19:15:34 · answer #4 · answered by Kishauna_P 3 · 0 0

Mommy of two, I live in N.Y. so I'll tell ya from my own experience how it works here! If he does not visit, call, or try to contact you about the child for one year, you can file a petition to family court on the grounds of abandonment. File for full custody. If he shows he can try for visitation, if not they will just grant you custody and he will lose his rights to the child. However he can file for those visitations at any point after that, but he wouldn't have much ground to stand on! If you have full custody, just continue to reassure your child of your love, don't make excuses for him, and don't bad mouth him, she'll resent you for it! If you don't have full custody GET IT!!! He sounds like my ex, and will hopefully just stay gone! Good luck with that!

2007-07-22 00:54:20 · answer #5 · answered by gypsyrose8375 4 · 0 0

A non custodial parent will not lose their rights until it is taken to court. Even then, there are only certain reasons that they will grant this. For one, if you can prove that the child has been and will be endangered in their care. And second, if the rights of the father/mother are to be terminated there has to be someone to take their place. Meaning there has to be someone who is going to adopt them. The reasoning for that is that there needs to be two parents who are going to support this child financially. The courts are not going to let this man get off scott free and not have to be financially responsible for the life he helped create. This only leads to the single parent to go on welfare because they can't afford to raise their child ( In most cases) So basically they feel like the government is going to support your child when it is not their responsibility. If the absent mother/father is paying child support then that is all they are concerned about unless the absent father is willing to give up his rights willingly. But then like I said, there has to be someone to take his place. At least that's how it was explained to me in Texas.. Hope this helped you, and sorry to hear that the father is a bum. Your child deserves better than that....

2007-07-21 19:26:06 · answer #6 · answered by HotNurse71 4 · 0 1

It not that simple; as long has he keep paying and don't get into any serious legal problem like drug, sex stuff or harassment, and abuse it's very unlikely for him to lose his rights.

Being a lousy father is not enough, you need to prove he is dangerous for the child.

Thanks God he is "missing in action" other women are not so lucky and they are constantly harassed and threaten by their ex, and some men even try to take the children with them(some losers enjoy to make their ex-wives' lives a living hell); at least yours leaves you alone.

2007-07-21 20:06:15 · answer #7 · answered by ? 7 · 0 0

Not untill a judge says so. And not visiting is not enough reason to take away rights. The law says every child deserves a father, even if he's a dead beat Dad.

2007-07-22 02:53:58 · answer #8 · answered by Molly 6 · 0 0

They don't just lose their rights.... they can give them up or you can go to court and try to have them terminated but that usually only happens if they haven't had contact for over a year and are not helping to support the child either.

Though for your child's sake... why would you terminate his rights? There is a good chance he will want to come back in her life and you should always keep the door open for that possibility. No one... NO ONE will ever be able to replace her father in her eyes.

2007-07-21 19:07:14 · answer #9 · answered by az_mommma 6 · 0 2

It would be nice to know where you live. Country etc...
So read this and contact a family lawyer:
http://www.associatedcontent.com/article/242545/dads_can_easily_lose_child_custody.html

2007-07-21 19:07:38 · answer #10 · answered by Cister 7 · 0 0

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