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ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 12554
Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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I need help my childrens father has hurried and relinquished

Customer Question

Hi! I need help my childrens father has hurried and relinquished his parental rights. We have 2 children together and there was a support order made in 2007,and last month took him to court for support and paternity for the youngest child. during the hearing i found out him and his wife have been fostering children and he'd been working for sometime now and is a manager for subway. I asked the court to modify the oldest support order and the father asked the courts for the children to carry his name,joint custody,and that he would pay 80.00 mo for the youngest child and with these term he would sign paternity for the youngest which he didnot deny he was the father. but the judge didn't grant his request but ordered him to pay and pay his arrearages. he lied to the court saying i would not allow him to visit kids and i slammed the door to our residence in his face twice, also when his mother came by to visit th children. these events never happened and he put a statement to the courts asking for my info,numbers,etc.Is there anything i can do to get this deadbeat to pay child support for his kids, whom he never made contact or paid support in the past 7yrs. oh, did i mention his aunts work at th courthous and helped him talk to the judge before the hearing? his wife also works for D.s.s. i hear. Or does this deadbeat get away with not paying up for his biological children, while supporting his foster family? Did this guy win?
Submitted: 5 years ago.
Category: Family Law
Expert:  ANDREA, replied 5 years ago.

Hi, and Welcome to JustAnswer, Thank you for your question, My name is***** 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