does anybody know how long a father doesnt have to be incontact before they lose there rights

Emma - posted on 05/02/2009 ( 12 moms have responded )

7

16

0

hi my sons father has moved away to start new life and has not been in contact really since he left myu son is devastated and misses him dearley . since we broke up i have been in another relationship for nearly two years and he has taken on the rols as dad and i am just wondering how long my ex as not to be incontact before he loses his rights please help .

MOST HELPFUL POSTS

Stephanie - posted on 05/02/2009

8

12

0

Quoting Jamie:

i just went through this. there is a time frame and its 6 to 12months. the father has to not have had no contact or support of any kind with the child(ren). the only thing is he has to give up those rights the courts can't make him unless he's a danger to the child. if he decides to give up his rights he becomes a stranger to the child. the record is wiped clean. i have two kids that im fighting for right now. their biological father is not there for them at all im trying to get him to give up his rights vs. him paying child support. i dont recieve a thing from him not even a phone call. so we have been back and forth to court now for the past six months. its stressful but worth it. i want him to give them up and im gonna keep taking him to court trying to boost child support until he does. they just locked him up for child support, he doesnt want to pay, so i say give up the rights and i'll leave you alone



I hope it works out for you.

Keisha - posted on 05/02/2009

1

11

0

I think your best bet is filing for full custody, that can possibly make him just sign over all his rights.

Monica - posted on 06/19/2011

43

6

0

Im pretty sure there is no time limit on it, because my cousins father is not the man my aunt married, well they had to petition the father to give up his rights so the man she married to adopt him. If I were you and wants him not to have contact or any right, you will have to petition him to do so. Its probably going to be a fight in any way.

[deleted account]

i just went through this. there is a time frame and its 6 to 12months. the father has to not have had no contact or support of any kind with the child(ren). the only thing is he has to give up those rights the courts can't make him unless he's a danger to the child. if he decides to give up his rights he becomes a stranger to the child. the record is wiped clean. i have two kids that im fighting for right now. their biological father is not there for them at all im trying to get him to give up his rights vs. him paying child support. i dont recieve a thing from him not even a phone call. so we have been back and forth to court now for the past six months. its stressful but worth it. i want him to give them up and im gonna keep taking him to court trying to boost child support until he does. they just locked him up for child support, he doesnt want to pay, so i say give up the rights and i'll leave you alone

This conversation has been closed to further comments

12 Comments

View replies by

Devon - posted on 05/05/2009

280

15

77

My daughters have maybe seen there father 6 times but they have no memory of it because they were young at the time. my boyfriend has been there for them since they were 6 months old, they are now 6 yrs old and they call him daddy. there is no time limit to where he would lose his rights. you can either take him for full custody and child support or ask him to sign his rights over. those are pretty much your options. if he hasn't contacted you yet, then he obviously doesn't want to be a part of your child's life, which stinks. if you do go through with taking him for full and child support, just to warn you that you can do this with a father that lives in any state except for florida. you can not get child support from a father who lives in florida, but can in any other state. so hopefully he hasn't moved there. i would think about what you want to do and then find out where he lives and his number and let him know about your decision. good luck and hope everything works out for you and your son

Amber - posted on 05/05/2009

654

16

102

Sorry about your situation especially for your son, cuz the older he gets the more questions he is going to have and you are the only one that has to see his pain. Loosing rights is really tricky and actually almost impossible. It is true unless they give them up it is almost impossible. I would say file for support and once it gets really high (the amount he owes) ask him to sign over his rights and then you won't make him pay. I have a friend who's daughter's father broke her femur when she was only a few months old. When he was out on bail he broke into her apartment and attacked her as well. He went to jail for less than a year for breaking the baby's leg and is now out of jail and pursuing visitation now the child is 4 and hasn't seen him since he broke her leg as an infant. She is fighting with everything and spending tons of money to try to keep her from him, but the courts still gave him supervised visitation. The child is having all kinds of nervous problems since the visits started and the courts won't stop the visits because it is some how his right. So if she can't stop it then I am not sure you can either. It is so unfortunate because in her case if she was a bad parent child protection would have stepped in and by now the child would have had the parental righs terminated and been adopted, but because she is a good parent now he has the opportunity to try to be part of her life again. I used to work as a case worker in child protection and my belief is that the courts are concerned with legal rights and parents have them and children do not.

Daenelle - posted on 05/03/2009

19

2

1

just call you a lawyer and ask them. Or ask him to sign over his rights.

Charelle - posted on 05/03/2009

19

13

1

if hes on the birth certificate he has parental rights which i think in some cases like yours hun it not right xx

[deleted account]

I would say that if he is listed on birth certificate or pays child support then he does have rights.

My Mum's ex (who was s'posed to b my dad- im donor concieved) wasn't on my b'c nor did he pay child support. It took two years for my "Dad" to b able to adopt me.

Daenelle - posted on 05/02/2009

19

2

1

I agree with Jamie. You can always get Childsupport on him, and cn also get in touch with a lawyer and ask them what can you do. I have a few numbers to different lawyers let me know if you need them. email me at VirginiaCofield@aol.com. I have a friend that is going through this same problem now.

Jenna - posted on 05/02/2009

5

16

2

Sorry to hear about this. I'm rubbish with legal advice, but i would like to think i could help!



My son has never known his father, he's seen him 8 times during his lifetime so i understand how you're feeling. To be honest, i don't think there is a specific amount of time before a father loses rights. I think they will always have the right to apply for custody or access, etc, but that doesn't necessarily mean he would gain it, it would all depend on circumstances i suppose.



Are you looking to make your new partner legal guardian?

Join Circle of Moms

Sign up for Circle of Moms and be a part of this community! Membership is just one click away.

Join Circle of Moms