Okay....Here's the situation. My son, age 5, has been with me since his birth. I am now married (for not quite 2 years). His real father is in FL (We are in PA). I have received exactly 4 child support payments in 2 years. I would like my husband & I to have full custody but I'm not sure where exactly I should start. I just got a notice that there is a bench warrant out for my ex in FL. Will this have any impact on the child custody? I really don't even want the child support at this point, just want custody. & can my husband, the nonbiological parent get custody? How does this work?
Here's my situation
- Thread Starter cadelle79
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seniorjudge
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Does the father want his parental rights terminated?
What is the warrant for?
Do your new sweetie want to adopt the kid?
What is the warrant for?
Do your new sweetie want to adopt the kid?
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seniorjudge
New Member
Yes; that is usually done at the same time that the adoption is done.
Scooterdog
New Member
Actually, it looks worse for you, sorry, but all this "fluff" talk of you getting rights terminated doesn't sound very logical.
Parental rights may not be terminated without "clear and convincing evidence."SANTOSKY V. KRAMER, 102 S.Ct. 1388 (1982)
Visitation (parenting time) is a constitutionally protected right which can be protected in federal court, even if father is in prison. MABRA V. SCHMIDT, 356 F.Supp. 620
I just ain't buying into it.
Mother cannot take child out of state if that prevents
"meaningful" relationship between father and child. WEISS V.
WEISS, 436 NYS 2d 862, 52 NY 2d 170 (1981) See also:
DAGHIR V. DAGHIR, 82 AD 2d 191 (NY 1981)
MUNFORD V. SHAW, 84 A.D. 2d 810, 444 NYS 2d 137 (1981)
SIPOS V. SIPOS, 73 AD 2d 1055, 425 NYS 2d 414 (1980)
PRIEBE V. PRIEBE, 81 AD2d 746, 438, NYS 2d 413 (1981)
STRAHL V. STRAHL, 66 AD 2d 571, 414 NYS 2d 184 (1979)
It appears you did just that. The father shouldn't be punished because of lack of access to the child. Were it would appear as thought visitation was denied, or at the very least, it was made nearly impossible:
Custody can be changed if visitation is denied. ENTWISTLE V. ENTWISTLE, 402 NYS 2d 213
Either parent can sue for interference with parental rights. STRODE V. GLEASON, 510 P.2d 250 (1973); Prosser: HANDBOOK OF THE LAW OF TORTS (West Publ. 1955) page 682; CARRIERI V. BUSH, 419 P.2d 132 (1966) SWEARINGEN V. VIK, 322 P.2d 876 (1958) LANKFORD V. TOMBARI, 213 P.2d 627, 19 ARL 2d 462 (1950); 7 F.L.R. 2071 RESTATEMENT OF TORTS section 700A MARSHALL V. WILSON, 616 SW 2d 934
As far as the child support, that's a no brainer, When you left the state and removed the child, he had no obligation:
Children must be returned to home state before child support payments are continued. FEUER V. FEUER, 376 NYS 2d 546 (1975)
Parental rights may not be terminated without "clear and convincing evidence."SANTOSKY V. KRAMER, 102 S.Ct. 1388 (1982)
Visitation (parenting time) is a constitutionally protected right which can be protected in federal court, even if father is in prison. MABRA V. SCHMIDT, 356 F.Supp. 620
I just ain't buying into it.
Mother cannot take child out of state if that prevents
"meaningful" relationship between father and child. WEISS V.
WEISS, 436 NYS 2d 862, 52 NY 2d 170 (1981) See also:
DAGHIR V. DAGHIR, 82 AD 2d 191 (NY 1981)
MUNFORD V. SHAW, 84 A.D. 2d 810, 444 NYS 2d 137 (1981)
SIPOS V. SIPOS, 73 AD 2d 1055, 425 NYS 2d 414 (1980)
PRIEBE V. PRIEBE, 81 AD2d 746, 438, NYS 2d 413 (1981)
STRAHL V. STRAHL, 66 AD 2d 571, 414 NYS 2d 184 (1979)
It appears you did just that. The father shouldn't be punished because of lack of access to the child. Were it would appear as thought visitation was denied, or at the very least, it was made nearly impossible:
Custody can be changed if visitation is denied. ENTWISTLE V. ENTWISTLE, 402 NYS 2d 213
Either parent can sue for interference with parental rights. STRODE V. GLEASON, 510 P.2d 250 (1973); Prosser: HANDBOOK OF THE LAW OF TORTS (West Publ. 1955) page 682; CARRIERI V. BUSH, 419 P.2d 132 (1966) SWEARINGEN V. VIK, 322 P.2d 876 (1958) LANKFORD V. TOMBARI, 213 P.2d 627, 19 ARL 2d 462 (1950); 7 F.L.R. 2071 RESTATEMENT OF TORTS section 700A MARSHALL V. WILSON, 616 SW 2d 934
As far as the child support, that's a no brainer, When you left the state and removed the child, he had no obligation:
Children must be returned to home state before child support payments are continued. FEUER V. FEUER, 376 NYS 2d 546 (1975)
jacksgal
New Member
Scooter is correct you cant just remove a parents parental rights because you want to. You also state your current husband does not wish to adopt. that decreases chance seven more. Without someone willing to step in as "Dad" again its very unlikely. Now since the Father has not made any real support payments or vistation you will not gain anything with a termination of rights.
jacksgal
New Member
Ok I read that wrong. Anyways the process is not simple. You will need to go to court to start proces. (Working with an Attorney is best) then have the Father served. He has the right to contest if so your probably dead in the water
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