I am wanting to move from Louisiana to Texas for better schools, job and cheaper housing. I have recently been approved for a house loan. The problem is I dont know what to do regarding my 8 yr old daughters biological father. We were given joint custody with me being domiciallary parent 4 yrs ago but we havent seen or heard from him in over a year. He hasnt paid support in 3 yrs. The states child enforcement has my case and they cant find him. They cant arrest him b/c they cant serve him. He is considered "missing" by choice.
Let me stress here - I will never allow my child to go near him until she is grown and makes that decision on her own. She has shown signs of sexual abuse but I havent nor do I want to go there right now. He is a drunk and Im not sure if he is on drugs but I would think so. She has transformed since he has been out of her life.
2007-11-05 16:11:53 · 5 answers · asked by spoildrotn 2 in Family & Relationships ➔ Family
Do I
1. Notify him by certified letter to the last address I have on him of the move and hope that he doesnt respond within the time frame.
2. File for a change of custody (which is really what I would love to do but I dont have the kind of money that lawyers need) since he doesnt see her nor pay.
3. Just move without doing anything.
I am scared to stir the pot with him. I am scared of him in all ways. I am so afraid to even have any contact with him either way. He is a loser but he has a friend with alot of money and alot of power. It would not be beneath him to pay off the judge or something like that. Im so confused and I know I need legal help but most lawyers just want to take your money..money that I dont have.
2007-11-05 16:16:17 · update #1
I like the comment about money shouldnt be an issue - wow - dont I wish it was that easy. I spent or should I say I still owe my lawyer 8K from the divorce. Getting a house loan was a miracle for me and money is not flowing. Most lawyers wont even talk to you without 2-3K retainer fee. So yea its my daughter that I love with all my heart but that doesnt make money grow........
2007-11-05 16:36:13 · update #2
I am not really sure if this is true but someone once told me that if the biological father hasn't attempted to contact the child in a period over 12 months that it is considered abandonment and therefore considered him giving up his rights but you have to run an add in the paper (?court news in the classifieds) that if he doesn't respond within the time frame that you have to run the add 30 to 90 days than he voluntarily gives up his rights. Again I am not for sure on this and you will need to contact someone to make sure. Also I think it has to be filed with the courts so they might know.
2007-11-05 19:14:25 · answer #1 · answered by littlemisscontroverse 6 · 0⤊ 0⤋
Just contact him..and let him know your moving. If child enforcement hasn't been able to reach him..your letter won't make a difference. Then you need to file for custody..money really shouldn't be an issue...it's your daughter..you can't risk her emotional and physical well-being..otherwise things could get worse.
You should contact the courts to be sure that it's okay. I think that's all you really have to do..b/c he's not legally following the custody agreement..then I'm not sure that you do.
Good Luck.
I guess money is an issue..but there are Pro-Bono...where the Law firms take on cases for free. I'm not very educated on what happens when a lawyer takes on a Pro-Bono case, but according to Wikipedia..in the US most Law Firms have to take on 50 hours of Pro Bono work..it may depend on the state..I have some websites in the sources that may be able to help you out. Their realy is a way to get custody...I hope that you can.
2007-11-05 16:28:05 · answer #2 · answered by Becky 4 · 0⤊ 0⤋
Simply inform the court of your new address... that is all.
The court is charged with collecting child support, so they will need your address.
You don't want that creep anywhere near you, and you don't want him showing up on your doorstep.
Move on and build your life anew, and God bless.
2007-11-05 16:27:02 · answer #3 · answered by revsuzanne 7 · 0⤊ 0⤋
go to the courts and ask what you should do or atleast leave your new info with the courts. Technically you can move anywhere you want even out of state so long as he doesn't protest and go to the courts to stop you.
2007-11-05 16:25:23 · answer #4 · answered by Anonymous · 0⤊ 0⤋
if the child enforcement people can['t find him why should you have to try.
like you said, he is missing by choice. now you can be too!
move and don't say anything.
best of luck!!!
2007-11-05 16:28:33 · answer #5 · answered by KRIS 7 · 0⤊ 0⤋