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I have a 3year old son whos birth father pops in and out of his life whenever it is convinient for him. He will call and say he's coming to pick him up then never shows. Since July of 2001 I recieved a total of $120 in child support and that was in three seperat payments. I am going to be getting married soon and want to know what I can do to have my fiance adopt my son. Like I said, the birth father sees him on average of three times a year and does not help support him. He is and alcoholic and can't hold a job for more than a couple of months. I just know that my son would be much better off without his "father" in his life. I serioulsy doubt that he will cooperate in any of this either. Is there anything I can do and where do I start? Please help me. :confused:
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The guidelines are different in different states, but my understanding is that there is a set time period within; if no payments or visitation is had, you have a chance to terminate his rights. someplaces it is 6 months, some a year. Another thing is to go to the DA and have the child support issue done by them. that is often, (unfortunately) an attractive way to get a deadbeat dad to sign off. No child support, no prosecution. You MUST make sure you have a court ordered child support amount. Good Luck! Love, Debi
I never knew that, about the state aid. I suppose the state wants to be reimbursed, if at all possible. I should have thought of that, as my husbands company keeps receiving letters from our local DA off ice to garnish the wages of an employee. Trouble is, she hasn't been an employee for several years! I believe she had been in a "program" designed to get her kids back from foster care. Her parents were the foster parents, and received money while they had the kids. Once our employee was out of program and had her children back, and because the DA couldn't locate the "father" they went after her to reimburse the money that had been paid out. Makes it pretty tough sometimes! Debi
I am not in the exact situation as you, but similar. My husband and I have legal guardianship of my cousins children. They had no contact from June of 2002 until just recently. In Indiana if a parent goes one year without contact, legal things can be done as far as stripping rights. We, unfortunately didnt reach the one year mark before we were served with papers from the biological mom wanting visitation rights. Also, I believe, in Indiana if a biological parent goes one year without paying court ordered child support, parental rights can be stripped. I am not 100% sure on this, since like I said I am dealing with a guardianship. Check into all options though--leave no stone unturned! Try going to your states website and research through it as well. Good luck!
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Contact your local county family court office..They can tell you what if any of your options are. In michigan it has to be three years no support AND no contact...Child support if not paid is intercepted at tax time...No way to get out of it due to the fact that they intercept it at the federal and state level...Michigan is another one that if the custodial parent is receiving aide, they take the first 50 dollars a month in child support to "reimburse" the state. At tax time they (depending on the situation) also can take all of the refund and apply to either friend of the court and/ or to reimburse the state.
You should start keeping CAREFUL records if you are going to attempt to create a case the noncustodial parent could very well attempt to state that you withheld the child and that is why visits were not attempted. May or may not work depending on the judge, Stating he is an alcoholic willn ot work unless you have concrete proof (e.g DUI offenses, rehab etc) because some judges may say that it is an illness and require him to do certain things and in turn grant supervised visitation.
If child support has been ordered, contact you caseworker. They can usually do things to expedite getting it. example, here they will issue warrants out for non compliance, (works both ways..if the custodial parent interferes with visitation, they can also have one issued) taxes being garnished, liens put on vehicles/real estate.
Some have stated that if you offer the no support deal if he signs off he may do it...Be very careful before you offer this..in some states it does not matter the parent is STILL required to finish paying out whatever is back owed. You have to have special permission from the judge here to do that. Also you need to think what happens if god forbid you and your fiancee somewhere down the road divorce..is he prepared and willing to accept that he will have to pay support on this child? Not trying to be a downer, but sometimes it comes as a shocker!
You can also ask if he will voluntarily relinquish..some do some do not. Again you should be able to contact your caseworker in the judges office who put together your support/ custody arrangement they should be able to tell you what the guidelines are for your particular state.
Good luck
Lisa
if he was in rehab thats not public information and wont hold up in court unless its court ordered to get that information. rehab centers have confidentiality rules.my sister works at one.
you could set up visits for the birthfather to visit the child. visiting the child is more important than money.
He was ordered to go to rehab and didn't. He has been ordered twice now. Somehow he gets away with it just like everything else he does. I am very well aware that their relationship is more important that his money. HE COOSES NOT TO SEE HIS SON. He has court ordered visitation. He is the one that does not exercise that right, not me, and even so, why should I have to be the one to make the arrangements? I see my son everyday.
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