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Can parental rights be terminated and still collect child support??

Started by babybaylor, Apr 23, 2006, 12:30:44 PM

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babybaylor

I have a 16 mth boy and I have not spoke to the father since I was 5 months pregnant. He has never tried to contact me, nor have I him. I have been scared to collect support in the fear that he would feel obligated or have rights to this child that he obviously doesn't care about. I think I am past the being scared part, and am wondering if anyone has suggestions on what to do. God knows I fully support my baby w/out any help whatsoever and would gladly take child support. But, I don't want him around. Can rights be terminated and still collect? HELP! Thanks! Brandi

ocean

If you go for child support then he can ask for visitation. The court will not terminate rights unless there is a good reason. Even is some severe cases, supervised visitation is offered. You will have to make a personal decision on this one. If he is not violent or into drugs then maybe having you go for child support will start the bond that your son should have with his father if at all possible. Good luck!


babybaylor

>Thank you very much!


But, if it is an instance where a judge would terminate his rights, can child support still be collected?

Cookiemomma4

Yes it can be until someone adopts the child...but in order for that to happen.  On for his rights to be ended he has to attest to paternity or it needs to be established in some way. They will not simply take your word for it and since you were not married his rights are not assumed.   At this point it sounds like he could say that he wasn't there because he didn't know if the child was his or not ect ect.  Please know that with trying to terminate his parental rights you will be opening a large can of worms...one that should have already been opened.  Your child has a right to know his father unless he is a threat to the child.  Tread carefully over the coming months because the decisions you make now will impact your relationship with your child for the rest of your lives.

reagantrooper

Yea thats it, go ahead and try to have his Parental reights temanated! For sure!

What does your child need a Dad for anyway? As long as YOU get that FREE money every month right? How many more golden eggs do you plan a laying?

Give me a break!!

VeronicaGia

>I have a 16 mth boy and I have not spoke to the father since
>I was 5 months pregnant. He has never tried to contact me, nor
>have I him. I have been scared to collect support in the fear
>that he would feel obligated or have rights to this child that
>he obviously doesn't care about. I think I am past the being
>scared part, and am wondering if anyone has suggestions on
>what to do. God knows I fully support my baby w/out any help
>whatsoever and would gladly take child support. But, I don't
>want him around. Can rights be terminated and still collect?
>HELP! Thanks! Brandi

Until paternity is established he is under no obligation to do anything.  Once paternity is established, he has the same rights and obligations you do.

cinb85

What is the reason that you don't want him around your child!  I would give ANYTHING for my ex to be a father to our daughter!

Don't you think that your baby deserves a father?

Just wondered what your reasons are.

BelleMere

First of all, you have to have someone who is willing to step in to the open space as Dad - someone who will adopt. If you don't have that, you can't go forward. Is the baby's father listed on the birth certificate at this time? I assume so, but if not, then he doesn't have parental rights, per se. He would actually have to establish his paternity to get them.

In many states, you can terminate rights purely because of either 6 months or a year of no contact and no support. Obviously, tho, you couldn't also collect support (well, it is possible if it's a voluntary agreement on his part to terminate so someone can adopt in his place that he might also agree to pay some level of support, but it doesn't sound like it will go that way). If you want support, then yes, you have to go through CSE and yes he *might* want to exercise his rights as a parent to visitation and contact. More likely the first thing he will do is challenge paternity, so you will have to go through the test (no big deal, really, and he should pay for it). But the fact is he is the child's father and unless he is a really horrible person, he should get a chance to BE a father. (I'm a father's rights gal, can you tell?) What have you done to let him know of his child's birth etc?

Cookiemomma4

She said that she hadn't spoken to him since she was 6 mo pregnant...there is no way that paternity has been established or anything!  He probably doesn't even know the babies name or what it feels like to look him in the eyes (an act that could change alot on his side).  I feel so sad for the little one, he is not even being given a chance to know who his father could be!  
I am rambleing, and I know that I am emotional today...it is just a sad sad situation!