Family Law Questions? Ask a Family Lawyer Online.
Hello and thank you for using our service. My name is XXXXX XXXXX I am a licensed attorney and will try my best to help you. I just ask for you to ask any additional questions you may have if you feel the question has not been answered. Also, IF I have bad news for you, please remember I am only the messenger, I will try my best to give you a solution, but sometimes the law does not have a good one.
You do not even have to talk about the child support because legally look at what the statute says: has made no significant contribution to the child's care and maintenance or has failed to establish or maintain a substantial and positive relationship with the child...
So you only need to show one or the other. Focus on he has failed to establish OR maintain a substantial and positive relationship with the child because that is easy for you to show after no contact for 3 years. Now you consulted a local attorney in the county you are in who would know the practices of the local judges and he is probably right about what those local judges will do. You have the law, which is on your side but then you have local practice and I know it is frustrating but true.
So I would recommend you seek a second opinion locally and see if it matches what the first attorney told you. If you are still determined to go forward then do so because the law does support you and if the judge denies your petition, you can always appeal the decision and get it out of the local courts by going to the appellate court. The appellate court will apply the law and then you have a chance to win. Additionally, the father may not even contest the petition and then you have no problem getting what you want. I hope this helps clarify.
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