CS & rights termination

[kelly]

If a fathers rights are terminated, is he still responsible for CS?

[Kitty C.]

NO...unless the child is adopted by a step-parent.  A parent can have parental right staken away, but that does NOT relieve them of the RESPONSIBILITY.

Only if a step-parent is willing to adopt and take over the financial responsibilty will a court suspend CS to a bio-parent.

[KAT]

Actually, this would depend on the state. I believe that there are currently 15 states that when rights are terminated, the obligation of support is also terminated.

This would be in addition to what Kitty stated on adoption.

I also want to clear up something that seems to be going around on many boards lately & that is the generalized statement that an NCP can not motion to terminate parental rights. This is not true...certainly not in VA. The forms are even on line. In addition, both parents can agree to terminate parental rights, which along with it the child support goes bye, bye. However, in order for a judge to consider it, without a step adoption, the plantiff (and/or both parties if agreed) would have to have a really good valid reasons. The state after all has to have someone to go back on should the need for welfare arrise.

 Friends of mine are just gearing up here to to try to do so because of extreme PAS... We'll see how far it gets. I know that there was one case here in VA where the 16 year old daughter told the judge she never wanted to see her father again. The judge said fine, but you aren't seeing his money either. Hopefully this will make case law....Mr. or Mrs. PASing parent just might thing twice before doing so if it interferes with the tax free cash flow.

KAT

[Kitty C.]

Good Lord!  Here this was staring us all in the face and we never recognized it!  I almost feel like a fool!  Mommy Dearest wants Daddy's money but NOT his presence, turns on the PAS campaign to turn the kiddos against him, then Dad petitions for termination based on that, including cutting the purse strings.  If they don't want him, they don't get his money, either!

I wholeheartedly agree, Kat!  If a precedence or case law can be made for this, what a difference it could make!

Got any idea what specific case this was?  Or where I could find it?

[kelly]

I just want to make sure that EVERYTHING  is terminated that way later the "well I have been paying" all this time arises I can say NO WAY everything has been terminated.

[kitten]

Can I ask why you want his rights terminated?

[kelly]

My husband would like to adopt

[KAT]

If there is an adoption then your husband becomes the child's legal father. There is a new birth certificate issued & that is that. Once the child is 18 however, in most states the adoption can be reversed by adult adoption without the consent of the adoptive father..but that's way in the future, just thought I'd put it out there. Sometimes when the child goes looking for their biological parent, there is a very different story to tell though, be very careful.  Okay, onward:   Depending on your state & the age of the child there might be a home study done by social services & the judge might request to meet with all parties. Do note that adoptions can be denied & everyone ordered into counseling. You seem angry. I don't know the circumstances but there is a chance that a judge could see this as well. Focus on the best interest of the cihld & not revenge on the ex. I'm trying to say this as nice as possible. Every second you waste being angry & thinking about *that person* is another minute lost out of your life. It's so not worth!!!!
KAT

[KAT]

It hasn't been filed yet. Dad is pro se' so I'm not sure when he's going to be ready. It's pretty bad. I met him on another board & he is local here. I don't think he'd have a problem with me giving out the basics.

Married 12 years Mom decides to start partying with newly single friends (I swear this is where they get the crap from). Finds a boyfriend & stays with him several weekends in a row.  Dad gets mad moves out (bad move...by usually typical right?). Divorce, no mention of abuse.

Kids now 15 & 13. This started last year. Dad would show up for visitation, no one home. T-day they only went with Dad for a 2 hour visition to g-parents. Xmas was suppose to be Dads visitation but they only agreed to come for a few hours to see relatives. New Years day was Dads visitation but when he called the older teen said "You didn't get me an Xbox you loser, never call me again". Dad files contempt. Mediation (mandatory here) Mommy Dearest agrees to continue standard EOW visitation. Two months go by, not home, not answering the phone. I guess it was in May that the messages started. "Bob (yup, using Dad's first name) you beat me when I was little so I never want to see you again." (no, that was your mother!) "Bob, Mom wants to move us near our g-parents, you will let her do it since we don't want to see you anymore". "Don't call here anymore I hate you." Other messages requesting money (YUP!!) and when Dad didn't call back they got just hateful & full of "Adult Speak".

Contempt filed again, everyone ordered into counseling. You know how hard it is to get those reports...but according to the couselor, the boys no longer feel they have a father since he left the family home.... Now, I've been wondering about this for a LONG TIME. You know how you ARE NOT suppose to say anything BAD about the other parent? Well how the heck are you suppose to do that when the other parent is doing it? If we don't tell the truth the kids will believe the other parent...sheezzzz. Is it better to just sit there & take it like a down trodden putz???

Child support & alimony has almost destroyed him. He is working up the papers & taking them to a lawyer for legal review. I guess it's wait & see.

Personally I feel the other case won because the daughter was 16, working & therefore supplementing the family income. So I have my doubts on this case as we both know that judges rule in the best interest of the children...and as long as they are financially supported who cares about them seeing & being influenced by the other parent right?

*sigh*

KAT

[VeronicaGia]

You have to have valid reasons, not just "someone else wants to adopt."

Is your ex remarried?  What if his new wife wants to adopt?  Does he then have the right to try to terminate your rights?  Of course not.

[Kitty C.]

Does he have those 'conversations' recorded and transcribed?  What a POS of a mother!  That's not PAS, that's BRAINWASHING, pure and simple!  He'll be lucky if he ever is able to have a relationship with his boys even after they become adults!

[kelly]

How about my ex has not seen my boys in 6 years!  I think that is a decent reason.  I don't know if he is remarried or not, i don't really care.  My husband now has been there for everything for my boys and they love him, he is their DAD and all of us agree with this.  Can I claim abandonment even if he is paying CS?

[Forthelittleones]

You will not be able to file for abandoment if the father has been paying CS.

Why has the child's father not contacted his son?
Is support paid through garnishment, through the state or personally to you?

Since the father has been providing support, you will have to get his approval for your husband to adopt your child.

[kelly]

he said before I will only do what the courts order and no more!
We are just a pain in his a#* he said.
I see his sister on occassion and even she has told me that he wishes we would just go away!
Maybe I can get him to sign the papers!

[kelly]

through garnishment, sorry :-( i forgot to add that

[Forthelittleones]

If it is through Garnishment, then you will be able to obtain his address.

If you do not currently have his address, then you will need to file for a termination and stepparent adoption.  They will then serve him.  He has two choices, sign the paperwork to allow the adoption OR fight it.

If he fights it, the Judge will order reunification visits, etc and will not terminate his rights if he doesn't want them terminated absent some serious other issue - and not seeing his child does not qualify as a serious act.

Good luck

[kelly]

I do not have his home address but I have his work address.
I think I will start the paperwok on Monday.  I am willing to give up the CS so my husband can adopt.  We do just fine on our own.  If he does not have to pay CS anymore I am 99.9% sure he will sign the papers.

[KAT]

He's a smart guy, lucky for us right? :) I really don't understand how the people in the Elizabeth Smart case could be charged as such but parents can not? Hmmmm.....
I guess it's going to be a wait & see. I heard some of the tapes & heck no I think you are right..there will be no adult relationship here, ever.
Like our bio, I'm glad I don't have meet my maker wearing her shoes.

Off the topic, I believe I read in another post that you are big on Karma. Hahahah, oh just wait...Karma is coming around big time for the ex. Yeah, one day, I'll post it. :)

*HUGS*

KAT

[Kitty C.]

I've seen it too often NOT to believe in it!  PBFH is already getting payback.  SS has very little or NO respect for her as it is.

Yup, these PBFH's are gonna regret one day what they did....if they're coherent enough to even understand what they did in the first place, LOL!  Those that are so mentally challenged as to blame everyone else for their problems, who knows.  Even their eventual guilt and loneliness will be blamed on someone else other than themselves.  But that's not going to stop the karma!

As the saying goes, 'Living well is the BEST revenge!'

[KAT]

Biohag never pays for anythings. She just claims bk every 5-7 years. I don't know why the trustees allow her to get away with it but she does. Now I fully understand having to claim BK due to things like medical bills, but this witch buys households of furniture & doesn't pay for them..she gets medical treatment & just doesn't pay, at all, no attempts...it's stealing/theft of services is what it really is. She doesn't work so there can never be an garnishments.
Anyway, one of her recent judgments was for....tada!!...a 998.00 plus 120. court cost @ 9% from DOJ  for failing to pay...tada!!! A SLEEP CLINIC!!! Ya think the Karma is catching up with her? HAHAHAHAHA I hope she never has another restful night AGAIN!
But it gets better...knowing that because of her credit she's not on the mtg to the trailer but checking I found out she is on deed, I promptly copied everything & mailed it to the attorney on record for that judgment & several more that he has against her also. Guess what has several big fat liens on it now? HAHAHAHA I bet hubby kicks her to the curb once he finds out what she's done. She hides the mail so he won't find out until he refinances, sells or something. Oh but to be a fly on the wall!! Okay, so it wasn't actually Karma, maybe we can just call it fair play? :)
KAT

[MYSONSDAD]

"Biohag",  has a nice ring to it...

Love the karma!

"Children learn what they live"