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Submitted 73 days ago...

gypsy9904

gypsy9904

New User (3)

Custody..

Can i take away full custody from the mom and get joint custody of my son? i have not seen him in 7 years i never attempted to make contact with him and i ran away from my child support obligations..i was in contempt with the courts and sentenced to jail i violated probation but i pay my child support now because i dont want to go back to jail.. they have been garnishing wages for 1 year now i owe 50,000 in arrears will the judge give me my rights back for visits..the mom has filed for a step parent adoption..but i wont consent, will they relenquish my rights anyways?..i also have a domestic violence charge from 2002. and a 3 year restraining order that expired in 2005..

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Answer 1 / 2 - Submitted 73 days ago...

SRDEsq

SRDEsq

Brain (3,690)

If I was the judge the first thing I would ask you is why you object. Thisis a serious question ( not a snarky one) the court will expect you to articulate why it is the child's lief will better for your presence in it. This isn't about you, but about the child. You have a lot of weight in court beingte natural father, but it owuld seem you voluntarily abrogated your parental rights by abandoning this child. Now wfter someoen else stpped up and has taken care of hte child while you were fussing fleeing fightin and not supporting him, you come around and want to visit. The scales of justice have to be tipped. on one hand you are the natural father ( a bid weight on one side) and on the other is all of the above behavior and I should add, by your own admission the only reason you are paying now is to avoid jail not to support your child.

Every court has their own views on the evidence required to adversirly terminate a parents right sto their own child. Arguably the most serious event in domestic courts. In fact some courts de facto raise the standard from clear and convincing to beyond a reasonable doubt before terminating parents rights to their own flesh and blood.

You will have to really think about if you want to interfere at this stage of this child's life. the bottom line is : is he going to be better off with you or without you.
The testimony of all parties will be what the court uses to decide.

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Answer 2 / 2 - Submitted 41 days ago...

tomturkey

tomturkey

Brain (6,477)

Well this is now 2009,and it sounds like you have paid your price for your mistakes, One question I have is did the court terminate your visitation rights, or did you just not take your visits, that has alot to do with what you may or may not do, terminating a parents rights means just that, and if the courts has done this, then you probary will have no say in the courts decition on allowing the mother to let the step-parent adopt the child, on the other hand if your rights were not terminated, and you have been paying child support for your child for a year now, why should you not have the right to be a part of your childs life. You made mistakes, we all do, does that mean we can't change (No), if you have honestly changed your life around, and you want to play an active part in your childs life, then you and the child should have that right, so I would agree with you, and not sign any papers signing over my rights,if you did not care for your child you would be like some of these other fathers, that would jump at the chance to sign their rights away just to get out of child support, so I praise you for not wating to do that. I wish you all the best!

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Custody..

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