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Family court question

Anonymous
Posted by Anonymous
  • 12 Replies
I have a 14yo SD. She has lived with us exclusively for the last 5 years with varying contact with BM. However, we haven't seen or heard from BM in almost 7 months. Until 8:30 PM tonight. DH gets a text saying

Merry Christmas (SD), I thought about you all day.

No call, nothing else. SD is fuming that she hasn't heard or seen BM in 7 months and that is the only thing she hears from her, not asking to see her or even a phone call. SD asked if she should text her back and we told her she needed to calm down first. If she decided in the morning (she was heading to bed since she got up at 6) she wanted to reply then she can but she didn't need to say anything she might regret later.

Now, in our state we have a 6 months no contact no support qualification for termination of parental rights. We were planning on talking to our lawyer after the holidays. Now, it also says that judges can use their discretion on whether communication in that 6 months is insignificant to say there really is no meaningful contact.

With this text tonight, do you think that a judge would consider it meaningful contact?
Posted by Anonymous on Dec. 25, 2014 at 8:55 PM
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Replies (1-10):
Anonymous
by Anonymous 1 - Original Poster on Dec. 25, 2014 at 9:05 PM
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momof2boy2girl
by Valerie on Dec. 25, 2014 at 9:07 PM
I don't think do, but definitely talk to your lawyer.
momof2boy2girl
by Valerie on Dec. 25, 2014 at 9:07 PM
1 mom liked this
We are heading the end of our stepparent adoption, pm me if you want to talk.
Happy0064
by Bronze Member on Dec. 25, 2014 at 9:11 PM
1 mom liked this

No that is not meaningful contact.  A phone conversation yes several back and forth text messages maybe one I would say no however I would strongly urge your child not to text back.  If there is to be meaningful contact I would say for a phone call versus a text.  Def call your attorney

Anonymous
by Anonymous 2 on Dec. 25, 2014 at 9:17 PM
I don't believe a Judge would consider that meaningful contact BUT... I also believe a Judge gives a shitty parent an opportunity to make things right.
Anonymous
by Anonymous 1 - Original Poster on Dec. 25, 2014 at 9:21 PM
At this point SD doesn't want anything to do with her. 7 months with zero contact and zero financial support for years and then this message. SD is angry that BM couldn't be bothered to even call her and then didn't bother to text until 8:30 at night.

Quoting Anonymous 2: I don't believe a Judge would consider that meaningful contact BUT... I also believe a Judge gives a shitty parent an opportunity to make things right.
Happy0064
by Bronze Member on Dec. 25, 2014 at 9:21 PM

Depends how sympathic the judge is.  I fought for 18 months for full sole total custody of my kiddos.  The judge gave him every opportunity to prove he was a fit parent-- parenting classes, physch test, supervised visation etc.  I was eventually awarded full sole total custody with NO vistation.  That was 5 1/2 years ago and my boys only have had limited contact with their father-- and yes he must pay support currently 21K behind and counting-- we go to court next month for that---

Quoting Anonymous 2: I don't believe a Judge would consider that meaningful contact BUT... I also believe a Judge gives a shitty parent an opportunity to make things right.


Momniscient
by Emerald Member on Dec. 25, 2014 at 9:26 PM
Our state gives deadbeats every single benefit of the doubt for years and years so I'm no help lol. I do think that in general judges dont like to terminate parental rights unless blatant abuse etc is there. It sullies their record.

It would be hard to make that text meaningful though.
Anonymous
by Anonymous 1 - Original Poster on Dec. 25, 2014 at 9:28 PM
I don't believe even if BM was ordered to do that that she would do it. SD turns 18 in 3.5 years. We would like to do a step parent adoption. Like I said SD doesn't want anything to do with her. BM is a victim so nothing is her fault and she does not take responsibility for her situation. It is our fault she has zero relationship with SD. Mind you we have lived in the same house for 8 years, she has been here, she obviously knows how to reach DH, and she lives 20 minutes on the other side of town.

Quoting Happy0064:

Depends how sympathic the judge is.  I fought for 18 months for full sole total custody of my kiddos.  The judge gave him every opportunity to prove he was a fit parent-- parenting classes, physch test, supervised visation etc.  I was eventually awarded full sole total custody with NO vistation.  That was 5 1/2 years ago and my boys only have had limited contact with their father-- and yes he must pay support currently 21K behind and counting-- we go to court next month for that---

Quoting Anonymous 2: I don't believe a Judge would consider that meaningful contact BUT... I also believe a Judge gives a shitty parent an opportunity to make things right.

Anonymous
by Anonymous 1 - Original Poster on Dec. 25, 2014 at 9:30 PM
We live in the South and it is very pro mom. I know it would be an uphill battle but I was curious as to whether this text would blow our argument for no contact/no support.

Quoting Momniscient: Our state gives deadbeats every single benefit of the doubt for years and years so I'm no help lol. I do think that in general judges dont like to terminate parental rights unless blatant abuse etc is there. It sullies their record.

It would be hard to make that text meaningful though.
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