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Suspension of Child Support and Custody Issues?
In Dec of 2008, my ex's child support of $25/month was suspended due to "Mental illnesses preventing him to hold employment." A month later the same judge awarded my ex shared legal custody and granted his petition for me NOT to move out of the county "due to my education and employment goals making it easy for me to pack up and move away with 'our daughter.'".
We have supervised visitation through CYS established Dec. 2008. Since Jan. 2007 he has seen her three times. The last time he saw her was June 23, 2009 for her 3rd birthday. His last verbal communication with her was at the time and with me it was Aug. 12,2009 when he called to cancel a visit. The last non-verbal communication between us was Dec. 2009 when he emailed me to say his mother wanted know what our daughter wanted for Christmas. I emailed him back that I had already spoken to his mother and told her. We received the package from his mother. Two weeks later, we received a package "from" him in his mothers handwriting and an unidentified handwriting stating "'From: Daddy".
My ex does not live in my county and has made no effort to hold up to the courts or the parental obligations outlined. I have tried other attorneys and they will not take this case due their caseload or unwillingness to go against my county's court. I am engaged and want to relocate
My question is, under Pennsylvania law, is this grounds for termination of parental rights? OR do I just have grounds to modify the existing order because I am getting married?
- CaCO3GirlLv 71 decade agoFavorite Answer
The only way you get to terminate his rights is IF your new husband adopts the child. The court will not strip the fathers right away because in the eyes of the law your child must have a male parent that is legally and financially responsible for that child.
On the flip side, your husband would now be that male if he adopted your daughter....which is a lot to handle if you guys ever break up.
You have 2 choices. You can go in for modification, I think you have a good pattern that shows even if you moved away and sent the child to her grandmother one week during the summer that that would be more than the father has seen the child in 2.5 years. I am sure at the time the Judge wanted to give the dad a chance to get better and be a more productive parent for their child, but they haven't been, and they really shouldn't be able to keep you here because of it. You don't NEED a lawyer, you can represent your self if they are too backlogged. But it has been my experience that if you drop 2 grand as a retainer the lawyer would take your case...if they WANTED to take your case.
The other choice is to wait until you are married and try for the adoption scenario. I would REALLY encourage you though to keep the fathers mother in your child's life, regardless of what is going on with the father it sounds like the grandmother cares, and every kid needs a grandma who cares!
- 5 years ago
Contact the Office of Child Support Enforcement. They can tell you what to do, and if there has been an error, they can correct it. Also, get a copy of any Court Order that is in place with regard to your custody of the children and child support payments.
- 1 decade ago
You need to file in the same court and file for a modification of the order. Explain your side.