my daughter's father has not seen her in 10 years does he have any rights, and do I have any legal rights to take his parental rights away.
2007-10-07 06:52:03 · 17 answers · asked by Anonymous in Pregnancy & Parenting ➔ Parenting
Well if hes paying child support, then yes, he still has his rights.
If not, then I would talk to your lawyer, and get something straighten out.
2007-10-07 06:55:26 · answer #1 · answered by Anonymous · 1⤊ 1⤋
It depends on the state. In some states, if a parent has had no contact with the child for a certain amount of time (sometimes it's 6 months, others it's 2 years, etc.) then the custodial parent can petition to have the NCP's rights terminated. Find out what your state's laws are, and consult your attorney. You can also get more information from the forums at www.expertlaw.com
Good luck.
2007-10-07 07:15:42 · answer #2 · answered by SoBox 7 · 1⤊ 0⤋
You need to talk to a lawyer because each state is different. I'm in AR and my oldest son's dad has not had anything to do with my son for 4 years now. In AR after a year of that parent not having any contact what so ever he has no rights anymore. Right now my son is getting SSI from his sperm donor and according to my lawyer that don't matter he still has no rights to my son.
So talk to a lawyer and ask what your states laws are. Always a lot of lawyers do free consiltations so find one and find out.
I had to add something else after seeing the other two comments posted
Are you two serious do you even have a child that their father just walked out on there life. I'm sorry buy I have been doing this all by myself for 4 years and he has been off doing what ever. He never cared about this my child so why would he have any right to my son.
A parent is someone that takes care of thier children, just because you planted the seed does not mean you have the right to just come in and out of their lives as you please. I mean come on think of the child here what would that do to them.
2007-10-07 06:59:08 · answer #3 · answered by ? 1 · 4⤊ 0⤋
If you were married or he is on the birth cert, he has Parental Responsibility by law. However, if he hasn't seen her in 10 years, it begs the question where has he been? and why does he suddenly want access now? So if you don't feel happy with giving him access, he would need to take it to court. Obviously your daughter would have a say, too. The court may want to build up access gradually at a contact centre as it has been so long since your daughter has seen him. I dont think you have any legal rights to take his parental rights away, but you do have the right to stand up and challenge where he has been whilst you have been doing all the hard work. Stand firm and talk to your daughter to see what she thinks and feels
2007-10-07 07:02:28 · answer #4 · answered by pinkygazoo 3 · 1⤊ 1⤋
There is no set limit by law - no magic number of years.
Its up to the court (judge). My guess is that unless the father has a really compelling case (i.e. he was held captive at gun point in Pakistan, the court will declare that he abandoned (legal term) the kid and award you sole custody.
Note, however, that if he didn't know about the child, or he has been paying child support right along, he cannot be considered to have abandoned the kid.
If you didn't tell him, you are legally (morally, ethically) in the wrong here and can expect lots of pain...
2007-10-07 06:56:08 · answer #5 · answered by Elana 7 · 2⤊ 1⤋
All of you are wrong, paying child support is separate from any rights, if you cant pay that alone does not bar a parent from their parental right. at any given time the parent can file for visitation....... to say that a parent who hasn t paid child support so the right to see their child is silly......those two are separate...... both parents have parental rights whether child support is being paid.... and no there is no amount of time until the child turns 18
2015-07-07 09:04:45 · answer #6 · answered by arbjonjon 1 · 1⤊ 0⤋
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2016-10-06 06:26:46 · answer #7 · answered by ? 4 · 0⤊ 0⤋
You can't just have his parental rights taken away, but you can have his visitation rights (if any) revoked. The only way the court will revoke an absent parent's rights is if that parent is deemed unfit...ie is abusive, on drugs, etc, or if someone else wants to step up and take that responsibility...like you get married and your new husband wants to adopt.
2007-10-07 11:14:35 · answer #8 · answered by missbeans 7 · 1⤊ 0⤋
He still has all the rights he had ten years ago. I don't think you have any legal right to terminate his parental rights. Even if you filed for child support, or back child support, nonpayment would not erase his rights. A court might grant you sole custody, but that still does not remove a father's right. You might get sole custody, but he would still be allowed visitation if he sought it. You need to see an attorney specializing in family law.
2007-10-07 06:58:07 · answer #9 · answered by claudiacake 7 · 2⤊ 1⤋
If there has been no contact, of his own choice, then yes that's abandonment. You need to check out your local court's website for the laws in your area. But where I am, after 2 years it's considered abandonment, and the parent loses all rights. However, if they are paying child support, that is considered "contact", and therefore you cannot claim abandonment.
2007-10-07 18:31:00 · answer #10 · answered by ~Biz~ 6 · 0⤊ 2⤋
It is just amazing how every one answers "Talk to your Lawyer, talk to your lawyer" and these lawyers do not really provide answers. Once they have your money they are just off and on to the next? Hire another lawyer you say? Can't because that SOB stopped paying his shild support on time, for the correct dollar amount, and sometimes not at all, there is no agency willing to help me uphold the separation agreement and this creep ran me clear out of money all together because things still cost the same whether he pays or not.
2007-10-11 06:23:05 · answer #11 · answered by Kimberlee Ann 5 · 0⤊ 1⤋