My son's biological father has not been current on his child support payments since 2005 when his parents wrote a check to cover the balance so he could claim him on taxes. For over 5 years he hasn't called or requested to exercise his visitation rights and now that he is living with his parents is determined to send me to jail for moving out of state for 7 months. And has also threatened to take my son and not bring him back. With joint legal custody but sole physical custody does any one know what options I have?
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Visitation/child support conflict.
- Thread Starter whitrowls
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disagreeable
Well-Known Member
You follow the court orders or you can be declared in contempt. Jail is possible.
Proserpina
Moderator
Did you relocate according to State law?
While it's true that you might be held in contempt, if you've been gone for 7 months and Dad hasn't done a thing until now, he has effectively given his tacit approval of the relocation.
Plus, in Utah the presumption is IN FAVOR of relocation. So even if he objects, he will have to show why the move isn't in the child's best interest - given that he's paid no attention for five years, he has virtually no chance of prevailing in court.
So, what's your end goal here Mom?
While it's true that you might be held in contempt, if you've been gone for 7 months and Dad hasn't done a thing until now, he has effectively given his tacit approval of the relocation.
Plus, in Utah the presumption is IN FAVOR of relocation. So even if he objects, he will have to show why the move isn't in the child's best interest - given that he's paid no attention for five years, he has virtually no chance of prevailing in court.
So, what's your end goal here Mom?
My ultimate goal would be to declare my husband (not bio-dad) My son's legal father and never have to deal with the child support issues or visitation ever again... My first attempt at trying to remove bio dad from the picture failed due to the fact that my lawyer did not send the correct notice of adoption forms and they had to be re sent, resulting in bio dad getting his parents to pay for an attorney. In the response the grand parents stated that all of the things they had done for my son in the last 7 years, financially and emotionally had been the work of bio dad. My son wishes to share the same last name as me and the rest of our immediate family and i am tired of being made out to be the bad guy when the child does not want to go with bio-dad.
Proserpina
Moderator
Well, the legal reality is that you have an obligation to facilitate the relationship between your child and Dad. That means being the bad guy if kiddo doesn't want to go visit. You wouldn't let your son decide not to go to school, right? Same thing applies.
A stepparent adoption will not happen unless Dad agrees, if Dad is now wanting to be part of his child's life. Likewise name-change.
If Dad wants to stay around and be Dad, he's going to be allowed to do so. Can't erase him.
A stepparent adoption will not happen unless Dad agrees, if Dad is now wanting to be part of his child's life. Likewise name-change.
If Dad wants to stay around and be Dad, he's going to be allowed to do so. Can't erase him.
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