Hi, and Welcome to JustAnswer, Thank you for your question, My name isXXXXX am a Licrnsed practicing Attorney and would like to help, if I may.
I am sorry that this individual is not taking responsibility for supporting his children. But, do not worry, it is not as bad as you think,
1. First, an individual who voluntarily relinquishes his parental rights is not relieved of his child support obligations. So whoever told him that and whoever gave you that information, was wrong. The parent who relinquished their parental rights has an ongoing responsibility to support the children until a stepparent comes into the picture and adopts the children which he gave up. Until then, his obligation to support the children continues, despite his relinquishment of parental rights,
2. If he has already relinquished his parental rights, there is no legal relationship of father and child any more and he has no business asking the Court for custody,
3. Regarding the child support arrears that he has not been paying, you recourse is to file a Petition for Contempt. The Court Clerk will take you Petition for Contempt and set it down for a hearing. Right before the hearing, go to the Child Support Accounts Office (It might be known by a different name) and ask for a computer printout, showing any payments he has made and showing all arrears. ake a few copies of this so that you have a copy, you give a copy to the Judge the day of the hearing and you also hand a copy to the father. Be sure you include in your Petition for Contempt that you have it on good authority that he has taken in foster children simpply to be paid the money that foster parents receive for taking in foster cildren. And, he has time for foster children, but never had time for his own biological children. After you state your case to the Judge, ask the Judge to hold him in Contempt and give him jail time until he comes up with a substantial lump sum payment for the arrears and the Judge sets an extra amount to be paid monthly with the regular child support payment, with the extra amount going towards reducing the arrears,
4. A Judge cannot have any communicationss with one side of a case without the opposing side also being present. It is a violation of the Judiciary Rules of Conduct. If you have concrete evidence that the Judge spoke to him before the hearing, you should immediately :
A) Report him to the Judiciary Board;
B) File a Motion to Recuse - This means that you are asking the Judge to recuse himself (step down) from the case, and have another Judge hear and decide the paternity, custody, and child support cases. If you hve solid poof that the Judge is having "ex parte" communications with the father, and you present the Judge with that evidence, he would be foolish not to step down and have another Judge hear all your cases because this Judge's decisions would probably be immediately reversed on Apppeal, if he decided any of the cases you have before him./her
I hope I have provided you with Excellent Service, if you need anything further, please use the "Reply" button to let me know
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).