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Child support, visitation, abandonment and legal rights,.. deadbeat dad

I haven't received child support since 2008. The father makes little to no contact to see how our kid is. He didn't call on Christmas, Thanksgiving, his birthday, easter, new years, first day of school, last day of school, spring break, or anything lately. We set a child support and visitation order in 2005 in Texas, and since then I have moved and married a wonderful man who wants to adopt my son.. Of course I brought it up to the sperm donor because I need his sign off for it, but its been 5 months since then and still no answer. Since he has no job, he can't make child support, and I don't think the state will take him to jail for not making payments because he cant. What do I do? I've messaged him on facebook numerous times getting on his ass about never calling, without any changes. I went on to the website for Texas child support and I asked for paperwork to file for services.. and they sent me paperwork to file for new services.. ugh
What is my next step?

Answer Question

Asked by danichaos at 7:20 PM on Jun. 9, 2011 in General Parenting

Level 13 (1,197 Credits)
Answers (7)
  • I would seek a lawyer and show proof you have contacted him multiple times with no answer and try to get abandonment on his ass.

    Answer by mommy_of_two388 at 7:22 PM on Jun. 9, 2011

  • Stop contacting him. By law I believe in Texas no contact and no child support for one year is grounds for termination of parental rights AS LONG as you have someone willing to adopt. And you do. Stop going after child support and stop talking to him. When you get close to the one year mark (say 10 months) go see a family lawyer and have them file for a termination of rights and adoption. Good luck.

    Answer by gemgem at 7:22 PM on Jun. 9, 2011

  • any court will tell you child support and custody are not related to each other. For the most part you can't get parental rights revoked unless there is abuse or neglect, he would have to volunteer to give up custody.

    Answer by peanutsmommy1 at 7:23 PM on Jun. 9, 2011

  • Wow, he sounds like my awesome dad!! If you haven't yet gotten ahold of his family, talk to a lawyer. Good luck!

    Answer by Tarrar at 7:23 PM on Jun. 9, 2011

  • Peanut that is untrue. I know two people who have had it done and it has everything to do with basically abandonment. No contact and no support for 6 months to one year depending on the state is usually all it takes.

    Answer by gemgem at 7:27 PM on Jun. 9, 2011

  • why the vote down, that is the case here in Michigan, you can't file for "abandonment" as a cause for parental rights termination.... I didn't make the law

    Answer by peanutsmommy1 at 7:28 PM on Jun. 9, 2011

  • Since there is no temporal codificaiton for "abandonmnet", the typical method utilized by child placing agencies is to assert the assignment of the penal code of abandonment as, not only making the situtation felonious, but automatically guaranteeing termination of parental rights.

    Even though abandonment is under the penal code, it is not grounds for termination of parental rights. The statute has provisions to correct the event of abandonment.

    Answer by peanutsmommy1 at 7:31 PM on Jun. 9, 2011

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