Non-Custodial Parental termination

[ac23]

I am seeking to have the non-custodial rights terminated when and if the father gets them. As of right now and since birth he has not been on my daughters birth certificate and has not participated in her life at all. I filed for child support when she was two weeks old and he continues to run from child support state to state so he doesn't get served and doesn't have to pay. My daughter will be four years old next month and from his own choice they have never met, or been involved in each other's lives. He was abusive in the past and has made threats throughout the years of her life to harm me and her. I made sure to show my effort despite the violent demeanor he showed to get him involved with her and he still wouldn't. Now more recently I have told him to stay away and that he is not allowed near her. I do not feel safe for her to be in his care at all nor have I ever felt safe for her but I was told I had to show my efforts in trying to get him to be involved. I want to make sure he can not take her out of her home state which is TN she was born here and has resided here since birth she's never gone to a state he's lived in or lived with him at all and we were never married. I need help to understand the law better on how to keep my daughter out of harms way when it comes to him.

[AFFA]

Re: Non-Custodial Parental termination

I wish to inform you that if you are not married then generally child support may be ordered if paternity is established. At present father is also not on birth certificate and thus father may not be held liable for child support because of lack of establishment of paternity and further cannot exercise any rights. Father is not having any rights over child. If paternity has been established then you may seek alternative methods of service like advertisement and then seek default judgment if father fails to file reply. You can also seek termination of parental rights of father.

AFF

[ac23]

Re: Non-Custodial Parental termination

Child support served papers a couple of years ago to an adress of his in Arizona for a DNA test to establish paternity and gave him a certain amount of time to respond but within that time he moved to a different state and since has moved to two other states and now back to Arizona. So no paternity has been established because he won't respond or take the DNA test. I'm sorry i'm new to all this law stuff and I appreciate your response but can you explain to me the last part of your reply so I can understand the options better.

Thank you :-)

[goddessoflubboc]

Re: Non-Custodial Parental termination

Since paternity has not been established and you were not married, you currently have sole legal and physical custody. You are under no obligation to allow a legal stranger to visit with your child. Since your child has no legal father that's what this guy is, a legal stranger.

If he contacts you again about seeing the child, tell him he needs to submit to the courts jurisdiction and have DNA completed.

Do not agree to do anything "without involving the courts".

[Disagreeable]

Re: Non-Custodial Parental termination

That said, you do realize how ridiculous you sound? You will sound like an idiot if the joint custody issue is raised and you argue that he is a threat to you and her at the same time you try to argue he is indifferent and negligent. Pick a mantra and stick with it.

[ac23]

Re: Non-Custodial Parental termination

I'm not understanding how I will sound like an "idiot" if what I want is for him to stay away from both of us period. I don't want joint custody. He has threatened to kill his own child if I go after him for child support so I don't want him near her in any way. Since he hasn't been in her life at all and chooses not to be and she will be four i'm trying to find out how to make sure he doesn't come near her.

[ac23]

Re: Non-Custodial Parental termination

That's why i'm asking because in my eyes being "indifferent and negligent" goes along with his threats and abusive and violent behavior. Basically I was asking for information and if those four things are enough to get his rights taken IF he were to ever do the DNA test and get rights.

[ac23]

Re: Non-Custodial Parental termination

I'm not understanding how I will sound like an "idiot" if what I want is for him to stay away from both of us period. I don't want joint custody. He has threatened to kill his own child if I go after him for child support so I don't want him near her in any way. Since he hasn't been in her life at all and chooses not to be and she will be four i'm trying to find out how to make sure he doesn't come near her. That's why i'm asking because in my eyes being "indifferent and negligent" goes along with his threats and abusive and violent behavior. Basically I was asking for information and if those four things are enough to get his rights taken IF he were to ever do the DNA test and get rights.

[Disagreeable]

Re: Non-Custodial Parental termination

The court will look at the one thing that is obvious. You thought he was great enough parenting material to do the horizontal shuffle with. It will likely order a period of acquaintance before he is given unrestricted visitation.

[ac23]

Re: Non-Custodial Parental termination

Hopefully that is not something the court bases things off of. Yes we had sex while we were in a relationship before things got bad did we plan a child no. I got pregnant because I was forgetting to take my birth control everyday which was stupidly my fault. Sex and being a parent are two different things. If you threaten to take your own child's life because you're angry about paying child support should stand out more than the other subject. It's not as if just once he's threatened her it's been numerous times over the years and i've kept the messages. Also like I was saying what I think should show more as well is the fact he HAS NOT made any efforts to come around at all. Thank you for the advice though that's why i'm on here just trying to gain some general information to understand better what i'll be up against.

[Disagreeable]

Re: Non-Custodial Parental termination

Hearsay is not admissible as fact.

[ac23]

Re: Non-Custodial Parental termination

What is hearsay? I have emails, text messages, voicemails. I also have police reports from past abuse and present police reports of threats to kill us and also an order of protection.

[ac23]

Re: Non-Custodial Parental termination

Again sorry i'm not trying to hound you i'm just seeking advice.

[Friend In Court]

Re: Non-Custodial Parental termination

What is hearsay? I have emails, text messages, voicemails. I also have police reports from past abuse and present police reports of threats to kill us and also an order of protection.

Until paternity is established in court, he has no rights. Keep the emails, text mesages, voicemails, police reports the order of protection -- all will weigh heavily for denying him parental rights -- IF and when he ever decides to try to exercise them.

Rights are one thing; the right to access to a child, the right to co parent and have some influence in the child's rights. Rights can be terminated for many reasons -- most of which you have already listed. But obligations, like the obligation to support cannot be terminated -- until someone is ready, willing and able to step into the shoes of co parent,like a stepfather or mother.

Many people do not realize this,but parental rights and obligations are two separate things and not necessarily extinguishable because one wants one or the other to end.

Even when the state takes a child into custody as a dependent, the parent's obligations do not end and the state may assess them the cost of the state paying the children's expenses and care.

Your child is entitled to support from both parents, even if one is a jerk and/or dangerous to its welfare.

Work at all times through an attorney and keep the protective order current and you should be ok.

[Friend In Court]

Re: Non-Custodial Parental termination

Hearsay is not admissible as fact.

Before one dismisses something as hearsay, they need to know that documentary evidence is not hearsay. When one is facing another in court and relates what that person told them, that is not hearsay, either. The other party has a chance to rebut, deny his or her statements to the other party.

Hearsay is relating things said by a third party that is not party to the proceedings in its simplest definition.

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