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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37820
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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If a father has been absent no visitation or child support

Customer Question

If a father has been absent no visitation or child support given in last 7 years can he come back? If so is there anyway of getting thr judge to have father turn over his rights and just pay state what he owes in back child support?
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Based on the facts that you have provided, that the natural father has not paid child support in some 7 years and has had no contact with your child during this time, you are in a position for file a Petition with the family law court in your county and seek the Termination of Parental rights of the natural father based on Abandonment.

As soon as the parental rights have been terminated your spouse will be allowed to enter into a step parent adoption if that is something that you, your husband and your child want.

A local family law attorney will be able to file the Petition for Termination of parental Rights and handle the matter for you. It seems very unlikely that the natural father would be able to prevent the court from ruling against him based on the facts as you have provided.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,


Customer: replied 1 year ago.
I thank you so much for your service. That was great to hear. However i have recently just last month received a support check and feel that it might hurt me to cash it. But ended up using the check to help my children with back to school cuz i just loss my job due to my medical condition. I was wondering will he be able to come in now that i have used. There has never been a payment before this I can assure you unless I couldn't be contacted and that's impossible because the court system has always had my information
Expert:  LawTalk replied 1 year ago.


One check is not necessarily going to prevent you from having his parental rights terminated---whether you cash it or not. He will use it as an argument against termination, but your attorney should be able to avoid that issue and argue that he only paid it because he ran into your husband and feared that you would seek termination.

I still believe you may have a good case for termination of his rights. So be sure to see a local family law attorney as soon as possible.

Thank you for your kind words. They are appreciated.

Please understand that in order for me to be compensated for having helped you, I need for you to positively rate my service to you by clicking on the rating stars---three stars or more. It is that easy.

Thanks in advance.

I wish you the best,