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Can we revoke my wife's ex-husband's parental rights without stopping child support?

Can we revoke my wife's ex-husband's parental rights without stopping child support?

Full question:

My wife has two children ages 13 and 11 from a previous marriage. Her ex-husband has had visitation rights every other weekend. He has decided that he doesn't want anything to do with them anymore. He is leaving threatening messages on our phone wanting us to get the children out of his name. I believe he thinks if he don't want to see them, he won't have to pay child support. We would like to have his rights revoked. It would be a dangerous situation for the children to be around him again. We cant afford an attorney. Can we get this done on our own? We do not want his child support stopped. He has only had visitation for about three years. He was in jail for a few years. He has a violent background. We have made copies of the messages he has left. So What I really need to know is can we petition the court to revoke his rights without changing the child support aggreement. If so, How do we do this.

Category: Paternity
Subcategory: Termination of Parental Rights
Date: 04/07/2025
State: Kentucky

Answer:

A parent can have their rights terminated either voluntarily or through a court process. For judicial termination, you must prove that the parent is unfit or poses a threat to the child. The court can terminate parental rights if there's clear evidence that the parent has endangered the child's physical or emotional well-being, or if they have a conviction for child abuse.

Keep in mind that terminating parental rights usually ends the obligation for child support as well, although it doesn't erase any past due support. Courts may not allow relinquishment of parental rights if it's primarily to avoid child support payments.

When a divorce decree is issued, the court retains the authority to modify its orders. Modifications can occur with consent from both parties or if there is a significant change in circumstances. The court's decision is based on the best interests of the child.

A motion or petition is a formal request to the court. If granted, the court will issue an order that makes your requests enforceable. If the order isn't followed, you can file a petition for contempt in the court that issued the order. This can include a request for the noncompliant party to pay for losses caused by their failure to comply. You may also file a Judgment on Rule for Contempt to assist the court in making a determination. A certificate of service must be filed with the petition to prove that the opposing party was served.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens when a married woman has a child with another man?

When a married woman has a child with another man, the husband is typically presumed to be the legal father unless paternity is established otherwise. This means he may have legal responsibilities, including child support, even if he is not the biological father. If the biological father wishes to establish his rights, he may need to file a paternity action in court. The best interests of the child are always considered in these cases.

What to do when your child shuts you out?

If your child is shutting you out, it's important to approach the situation with patience and understanding. Try to communicate openly and let them know you're available to listen. Respect their feelings and give them space if needed. Consider seeking family counseling to help facilitate communication and address underlying issues. Building trust and maintaining a supportive environment can help bridge the gap.

What happens if the custodial parent refuses visitation?

If the custodial parent refuses visitation, the non-custodial parent can file a motion with the court to enforce the visitation order. The court may hold a hearing to determine if the refusal is justified or if it violates the existing custody arrangement. If the court finds that the custodial parent is in contempt, it may impose penalties or modify the custody order to ensure compliance.

Is it normal for a child to reject a parent?

Yes, it is not uncommon for a child to reject a parent at certain stages of development. This can occur due to various reasons, including emotional distress, changes in family dynamics, or influences from peers. It's important for the parent to remain supportive and patient. Open communication and seeking professional help, such as family therapy, can assist in addressing the underlying issues.

At what age can a child say they don't want to see a parent near Pennsylvania?

In Pennsylvania, there is no specific age at which a child can unilaterally decide not to see a parent. However, as children mature, their preferences may be given more weight by the court. Typically, by age 12 or older, a child's wishes may be considered more seriously in custody and visitation decisions, but the final determination will always focus on the child's best interests.

How do you deal with a child that doesn't want to see you?

Dealing with a child who doesn't want to see you can be challenging. It's essential to remain calm and avoid pressuring them. Try to understand their feelings and encourage open dialogue about their concerns. Establishing a supportive environment can help rebuild trust. If necessary, consider involving a family therapist to facilitate communication and address any underlying issues.