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Lost parental rights, looking for advice

Started by Missyougirl, Jun 14, 2004, 01:16:56 PM

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Missyougirl

My dh recently lost his parental rights to one of his children due to abandonment. His mother came to us with the news of it and we were floored to say the least. I have a few questions about our situation and was weondering if anyone could help. The termination occured sometime in March, we were between attorneys at the time.

1. Can we appeal the termination? Dh swears he had no idea that
    we were supposed to apper in court.

2. If not, will he have to pay any support to the child? He was about
    two years in arrears the last I knew.  Does he still owe these? He was
    under the impression that he doesn't.

3. Can his mother sue the childs mother for visitation? She is very upset
    at my dh and still wants to see the child. She contacted bm and
    the b*tch won't return her calls.

4. One of his other children's mothers lets her child goto the lost child's
    home,  can we prevent this? They are no longer siblings if he's not
    the daddy anymore, right?

Thank you and I don't mean to sound negative, I never got to meet this child very much, and I don't feel that it's right that he get blamed for all this.

hisliltulip

First, I have a couple of questions...

How long has it been since your DH contacted the child?  Most states if there is no contact or child support for a year, then he's pretty much outta luck.

How does your MIL know before he knows?


Now, to answer one of yours.

"4. One of his other children's mothers lets her child goto the lost child's
home, can we prevent this? They are no longer siblings if he's not
the daddy anymore, right?"

Just because your Husband lost rights, does not mean that the children did.  Why would you even want to do that to them?

Missyougirl

He tried to contact her July of last year and also a few times after that. They never returned his calls. We were told that for one year of no contact and no support is what did it. He still hired a lawyer, though. He said he fired him before court because the lawyer wanted a paternity test done and it didn't make sense to him.

Apparently, my mil contacted the mother about a month ago to see if she could see the child and ask why she not drop the whole thing. The mother then told her that his rights had already been terminated and that it happened in March. I don't understand how because he said he got another contrinuance and he was waiting for news as to when we went to court. I feel that, if he really didn't know, couldn't they reverse the decision, I mean, doesn't that mean it was illegal?

I don't want to punish his other children, I'm just afraid of what they will say about him. Their mothers already say bad stuff about him and they don't need to hear more from these people.

I hate to say it, but I'm suspicious that he knew he had to be at court and just didn't go, even since he found out from his mother, he hasn't exactly been burning the lines up to find another lawyer or get answers. His main interest has been his legal obligations to his child support and medical bills that occured before the termination. In a way, I'm happy for the child. I have some of my own and know that my ex would spend every last dime and amount of energy to save his relationship.

I'm just looking for some answers that I can put in front of him and say, here it is, either fight for your child or let it go and let her live her new life but quit blaming everyone else.(He's accused me of hiding the papers saying when to be at court.)

Please, any help is appreciated.

Also, is there any way that I can find out if he was actually served the papers? Thanks!

Peanutsdad

If he was served, a process server would have noted the time and date.

I think you are right,, he needs to quit blaming others for his own screw ups.

littlebit

Go to the courthouse and look at the file for yourself.  

In my state (AL), all divorce and custody records are public.  I think that is the case everywhere.  Simply go to the main courthouse and start asking for directions until you get to the right place.  

The file should tell you filing dates, dates service was attempted and / or completed, court dates, communication between parties and attorneys etc.  You will probably be amazed at how much information you can obtain!


Missyougirl

Thanks, I think I will do that. I spoke with my mil, and she said she had copies of the papers the bm had. She said she sent them to her to stop the lies. I'm almost afraid of what I'm going to find out when I go. The more I hear, the more it seems like he's lied. And lied. I am starting wo feel bad for the bm, she had to prove everything and has been called everything in the book. It's really making me wonder. Anyway, thanks for all the help!

janM

Please let us know what you find out.
Good luck.

Kitty C.

Then I recommend you go into it with an open mind.  From your posts, you've got some serious doubts about your SO, and rightly so.  You're wise to gather as much info as possible to make an informed decision.  Not many would do that.  Once you see the paperwork, sort thru everything you know for fact and weigh it.

When we made the decision to move back to my home state from CA, I actually made a list of reasons to stay and reasons to leave.  The ONLY reason to stay was because of a job I loved.  But the reasons to leave were so numerous and substantial, I had NO regrets.  I hope that it's this way for you.
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

Missyougirl

I saw most of the papers. He lied. He knew when he had to be at court, he just didn't go. Now he's saying that he swears he didn't know and she must have paid the courts off. This is the second child he has walked away from and I don't know what to do. I am glad I don't have children with him. I told him I think he's still responsible for his past support obligations, but he doesn't think so. He's all about money, his money. Thank you to everyone who gave me advice and good luck to you all in your cases.

nosonew

He is likely what you call a REAL deadbeat dad!  That is too bad, but I'm glad you found out the truth.  Hopefully your MIL can speak with the mom about this and get a little time with the child.  This is just too sad...