By his choice, my daughter never saw her father until she was almost 5 years old. By his choice, when she was 6 years old he walked away from us again & it has now been more than 17 months since she has seen him. I always told him that no matter what happened between us, I would not stop a relationship between him and my daughter provided he would be a constant in her life and not come & go when it was convenient for him.
He & I have not had any contact since the first week of January 2007.
I've talked to lawyers on the phone, but without retaining them I really have not gotten any answers. I don't have the money to pay a retaining fee.
I just want to know if I can get his parental rights removed & still receive child support. I feel his rights need to be removed with or w/o financial support, but the financial support would sure help.
Note: There has never been a court order in place. I did rcv $ sporadically between June '05 and Dec. '06, but only when he felt like it.
2007-10-03 12:23:12 · 6 answers · asked by tygres74 2 in Pregnancy & Parenting ➔ Parenting
Yes, you can have his parental rights removed, and still receive financial support if you can prove that his contact with his daughter ( or lack of ) is a detriment to your child. This is not easy to prove, and you must have documentation of this, such as medical records, psychologist report or other professional assessments of your daughter which conclude that contact with her father would be harmful. Since you don't have money to pay a retaining fee, you aren't really in a position to file a "good cause" to remove his parental rights. I think you need to concentrate on getting regular child support first, to improve your financial situation. It seems to me that he isn't all that interested after going 17 months without trying to contact her. I would file for child support , and get that going before you try to resolve the parental rights issue. You need to contact the Child Support Enforcement Agency in your county, and for a small filing fee they will pursue this for you. If he is found, his income will be attached to a child support order, and it will be up to him to pay an attorney to sue for visitation rights. You know better than anyone if he would be likely to do this. Until and if he does this, he has no visitation rights or parental rights, and you could be receiving child support in the meantime. You would be within the law to deny him visitation until, and if he files for that right. His sporadic contact is harming your daughter, and you have a right to deny his visitation unless, and until a court orders it. If you think he would voluntarily give up his rights, you should ask about that also, but not before you have established child support. Finally, I think it's important for you to always be positive about him in front of your daughter. I know this can be difficult at times, but as the child of a wandering father, I know full well the damage that can be done when the only reference to your father is a negative one.
Good luck!
2007-10-03 12:58:32 · answer #1 · answered by bluegrl 2 · 0⤊ 0⤋
I learned a long time ago that little contact is better then no contact. My daughter saw her dad everyday the first year of her life. Now she might see him or just talk to him every 6m or once a year. Her bond with him has never changed. I did however through a court put an order in when she was a toddler that he see her 8 weeks in a row before seeing her overnight and on weekends. Now that she is 8 we no longer go by that.
I said I never wanted him in and out of her life. But sometimes things dont work that way. While it can hurt, never having him be a part of your childs life ever could be worse.
Try and make due with what you have. Let father and child be that. He may figure it out and try to make those mends with her. But even now... thats really not for you to decide for her. (Unless there has some type of mental or physical/sexual abuse).
Please rethink what you are trying to do and who you are hurting/affecting by doing this.
2007-10-03 12:33:03 · answer #2 · answered by erinjl123456 6 · 0⤊ 0⤋
I'm not sure about the laws in Ohio, but In Georgia, voluntary surrender of parental rights does not relieve the non-custodial parent of his child support obligation. My advice would be to contact the state child support office nearest you and apply for services. They can establish a child support order through the Ohio court system for you and will have some good enforcement tools available to them. If you decide not to apply for services, they can at least answer some questions for you pertaining to the laws in Ohio.
2007-10-03 12:32:50 · answer #3 · answered by lsblackston 1 · 0⤊ 0⤋
You probably need to document... like in a Journal what contact he has had with your daughter and what amount of money he has contributed to her care over the years.
I'm not sure how it's set up in Ohio.... Michigan has a "Friend fo the Court" who you can go to to recommend what should be done on behalf of the child.
You probably need t save up enough money to retain a lawyer and take the father to court over the issue.
2007-10-03 12:28:46 · answer #4 · answered by ♥♥The Queen Has Spoken♥♥ 7 · 0⤊ 0⤋
the only component you're able to do is the two you and your ex pick to end the youngster help case. Then in case you may artwork at the same time agree and make a private association like establishing the economic employer account. or you ought to ought to pass to the youngster help place of work checklist your incapacity and alter of earnings. The money would be decreased. Why do no longer you pass to baby help, checklist your new earnings have the court docket order decreased. Then (do no longer tell your son's mom) open up an account to your son commence saving income the account or college fund. whilst the son is eighteen and stale to college you may stick to it to that.
2016-10-10 06:18:17 · answer #5 · answered by abdulla 4 · 0⤊ 0⤋
he is on the birth certificate right? and you havent filed for child support but he has paid you like cash or personal check every now and then? you need to file for child support to receive it. and if he is on the birth certificate he has legal rights. as long as he has rights he is legally responsible to support your child. if you two decide to terminate the rights he will not be held legally responsible and therefore will not have to pay child support. also any money he has sent you does not count unless it is paid to you through your county child support division.
2007-10-03 12:33:44 · answer #6 · answered by phxfly311 1 · 0⤊ 0⤋