I got married and my husband adopted my daughter. The bio. father still has to pay child support every month. He says that he still has all rights to see her. Can someone please tell me that he is wrong? Please tell me that he has no say over my child?
2007-10-21 13:55:53 · 19 answers · asked by ladyjwitt 2 in Pregnancy & Parenting ➔ Adoption
His rights were taken away by the state....not me! They took his rights away due to his jail time, drug use, physcial abuse towards me and not ever helping me to support her finiancially. My daughter does not know him and never has cause he went to jail after she was born. And as for the child support.... i think he is paying the 5 years back child support.
2007-10-21 14:17:59 · update #1
Hi,
This is the situation: If your new husband adopted your daughter, & the adoption is now legally final, her natural father no longer has parental rights to see her anymore. He also has no further obligation to pay child support.
However, if he was behind in payments, that is money he owes to YOU. A judge should have made a ruling on that at the time of the adoption. It might be specified in your paperwork if you want to double check that. Nevertheless, paying back child support does not entitle him to visitation. Somebody should have explained all that to him when he originally relinquished his rights to your daughter so she could be adopted by somebody else.
Hope that helps,
julie
2007-10-21 14:35:03 · answer #1 · answered by julie j 6 · 11⤊ 1⤋
I totally agree with the one poster that has spelled it out correctly about his rights being terminated.
If his rights are terminated, and your new husband adopted the child, that's it. Game over. He had no claim to the child once they were terminated and in they eyes of the law your new husband is her father, just as if that was of his blood line.
I'd cut all communication off with the ex. If he wants to try to get an attorney. Let him. No one will take the case because he doesn't have one. If he continues to bother or you think he is a threat to you and/or your child file a restraining order and remember to keep it up to date. You could also change your home number. Set it up through the child support division where his paycheck is garnished and you are sent a check through them so that you don't have to have any dealings with him at all.
I hope you find peace with this soon.
2007-10-23 05:56:05 · answer #2 · answered by Anonymous · 2⤊ 0⤋
Sorry to answer with a question but why does the bio father still have pay child support? Doesn't he have to surrender his rights before your husband can adopt?
2007-10-21 21:06:00 · answer #3 · answered by Cam 6 · 1⤊ 0⤋
Well, I'm a mother of a 3 year old and her father is in jail for murder! I have sole custody.. thank God! but I hear people saying all the time to take her to the jail sooo she could see her father! but this is what i believe-----
If the father is not under the right state of mind, it will not be in the child 's best interest for the child to visit with the father.
You as the mother know your child and your childs father and can be the only one who knows the situation. You know what's best for your child!
If he is paying what he owes for the backed up 5 years, when he was in jail, that does not mean he has his right. He owes you that money from the past! When you were taking care of the child that also belong to him!
Thats my point of view*
Your the mommy, you know best!
God bless you!
2007-10-22 03:00:12 · answer #4 · answered by Naty 1 · 0⤊ 2⤋
If his parental rights were terminated then he has no legal rights to the child even if he still has legal responsibility (child support).
Legal rights and legal responsibility are two different things.
There is an additional consideration and that is moral rights or moral responsibility. Just because a legal document terminates his parental rights it does not prevent you from volunteering some level of openess between the biological father and your child. Only you know if that is 'right' and/or appropriate for the child since there is an element of abuse.
Is your child old enough to voice their needs? That child may want to know him on some level even if he has an abusive/criminal history. Think about what is best for the child regardless of court orders.
2007-10-22 12:45:09 · answer #5 · answered by Peace Yo 4 · 0⤊ 2⤋
If his rights were taken away, why is he still paying child support...arrears only maybe? Anyway, if he has no rights, he has no rights...you could let him see your daughter, but that is your choice. The courts decided he wasn't fit to be a daddy, it's their decision...and not one that would be overturned...I wouldn't even worry about it...if he stops paying child support report him to your local hhs department and have his wages garnished.
2007-10-22 14:33:16 · answer #6 · answered by Mom to Foster Children 6 · 2⤊ 0⤋
if the state terminated his parental rights then he has NO rights to see her at all. And yes, even though the state took away his rights, he still has to pay child support.
2007-10-22 21:17:00 · answer #7 · answered by devonte725 2 · 2⤊ 0⤋
If his rights were terminated regardless of how it happened it should not have any rights to your daughter. Legally he is no longer her father so he also shouldn’t have to pay child support. I guess if he is being forced to pay support that he should have paid prior to his rights being terminated that is one thing however that still does not give him any sort of legal rights to the child.
2007-10-21 22:12:43 · answer #8 · answered by Spread Peace and Love 7 · 2⤊ 0⤋
Why do you allow him to pay child support. This is wrong ,as you are letting him be a part of your daughters life, If you really don't want him to have any contact with your daughter then stop recieving his child support pay every month, and in this way sever all contact with him.
2007-10-23 01:16:03 · answer #9 · answered by marizu 1 · 0⤊ 2⤋
when your hubby adopted the baby his rights were gone period. the back support he has to pay period. there is no visitation and stuff you need to call the police and show them the papers you all signed and get a court order against him being with in so many yards of you. that will end him and put him in jail where he apparently should go anyhow. take care.
2007-10-22 21:43:02 · answer #10 · answered by Tsunami 7 · 2⤊ 0⤋