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help!! visitation ultimatum

 
 
Reply Fri 28 Jan, 2005 01:08 pm
Ok, long story short... I had a child out of marriage and her father denied that she was even his child, refused to take paternity test, was ruled her father on her first birthday by the courts, his income tax was seized last May, he made his first child support payment in July, his daughter turned three this November, he still has not seen her or attempted to see her...

This all leads up to the matter at hand, he sent me a letter through the child support office that gave me an ultimatum... He said that I either need to arrange for him to sign over his parental rights and end child support or he will seek joint custody and visitation..because he finally had to help..

Yes, I know this proves what a scum bag he is, but I am considering taking the offer.. am I wrong in assuming that the obligation for child support doesn't stop until she is adopted by a father figure? He just would loose what little "title" rights he has to her? Please help guide me guys.. Thanks...alone in AR
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Type: Discussion • Score: 1 • Views: 716 • Replies: 9
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fishin
 
  1  
Reply Fri 28 Jan, 2005 02:01 pm
Let me qualify this forst by saying that you really need to discuss this with a licensed Family Atty in your state yo get a full picture of all of your options.

Generally though, Title 9 of the AR Code doesn't allow for termination of child support obligations unless it is done as part of an adoption process (i.e. if you married and your new spouse wanted to adopt the child (and the natural father was agreeable to it) the support from the natural father would be terminated as a part of the adoption process).

It's also unlikely that any court is going to award him any sort of custody knowing that he's never seen this child before.

He can seek whatever he'd like to seek but, based on what you listed here, it doesn't sound like he has a leg to stand on - IOW, he's blowing smoke. If he had been involved with the child all along then he might have some sort of argument for partial custody but that doesn't seem to be the situation here. Visitation is something he'd probably get but IMO, that's about it.
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alleycat1
 
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Reply Fri 28 Jan, 2005 06:26 pm
SO since he wants to sign them over and I have recently remarried.... would it probably be a good idea to get this taken care of while he is willing?
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Montana
 
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Reply Fri 28 Jan, 2005 06:33 pm
Yes, fishin is right. Talk to a family lawyer ASAP. If you remarry and your husband wants to adopt your child and this is what you all want, there's no problem, but the father is obligated to pay support until then. At most, he may get visitation rights, but sonce he never attempted to see his child, then you could fight that and he may not be awarded visitation. Joint custody is something he will not get.
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Montana
 
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Reply Fri 28 Jan, 2005 06:37 pm
I know if it was me, if I remarried and my new husband was all up for adopting my child, I'd jump on that in a heartbeat and get the dead beat dad as far out of you and your childs life as you can get him. He sounds just like the father of my son and that means nothing but trouble.
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alleycat1
 
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Reply Fri 28 Jan, 2005 10:04 pm
Thank you guys so much. You have helped me know that I am making the right choice. I'll let you know what happens.TY
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Montana
 
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Reply Fri 28 Jan, 2005 10:18 pm
Yes, please do. Best of luck to you and welcome to A2K :-D
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Montana
 
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Reply Fri 28 Jan, 2005 10:21 pm
I also wanted to add that if the father signs over his rights and your new husband adopts your child, the father no longer has any rights at all as far as your child is concerned, and that includes no visitation. From the sounds of him, this would be the very best thing for you child.
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alleycat1
 
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Reply Fri 28 Jan, 2005 11:25 pm
I emailed three attorneys tonight...x...i have my fingers crossed...
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Montana
 
  1  
Reply Sat 29 Jan, 2005 01:27 pm
Good job. A good lawyer is a gift ;-)
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