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Can a custodial parent revoke a noncustodial parents rights for not contacting them?

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amoose

Guest
What is the name of your state? Missouri

I moved from Virginia in September of last year. There is a case there for custody and child support fo my daughter. I was told to file a case here to move the original case to Missouri after I had lived here 6 months. When I tried to do that I was told that I would have to travel back to Virginia to do so. The noncustodial parent closed his business or put it in someone elses name, and now cannot be found. I want to have the case modified or changed so that he cannot decide on 5 years that he wants to show up in her life and see her. He has not paid any support since I moved, which makes it very hard to raise my child. Is there any way to find him or have a case modified from another state without having to travel 19 hours to file at the courthouse there? It would make it impossible to provide for my daughter if I were to use that much money. I seem to be running into brick walls when I try to find out anything from here. Please help!
 


CS ......

First of all, child support or not should not have any effect on "raising" your child. All if should affect would be extras' that you can provide for him. You have to pay rent, lights, gas, etc, somewhere whether or not you have a child, and whether or not you get "CS." And, the NCP in the child's life has nothing to do with whether or not you recieve support. They are two sepperate issues. He owes you support, that is a fact. But you can not keep him out of your childs life even if he goes 1,3 4 or 10 years and doesn't pay a dime. Good luck!
 

VeronicaGia

Senior Member
If the NCP still resides in the originating state, the order cannot be moved to your state. If the NCP moves out of the original state, then you can move it.

You will have to go to VA to file for contempt for non payment of support. However, if there is a visitation order in effect, and you moved and have not provided a way for him to visit, he could hit you up for contempt also.

Just because he does not pay does not mean you can deny visitation.

Just because you deny visitation does not mean he doesn't have to pay.
 
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OnlyOneVoice

Guest
If the NCP still resides in the originating state, the order cannot be moved to your state. If the NCP moves out of the original state, then you can move it.
Again this is not completely accurate. My Brother-in-Law's ex wife moved to Texas after their divorce and custody orders were filed and granted in NC.

When mom moved back to Texas she waited the appropriate 6 months and filed residency papers on their son.

Now all modifications or alterations to the original orders must be filed in Texas where the child is a resident.

She needs to verify, but the truth may be that if she declares residency for the child in that state that she can have everything moved to the state where the child now resides.

BTW, you can terminate parental rights for non-payment of child support and no contact. The legal term is abandonment.

How do I know???? I did it!!!
 
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Pain In Da Butt

Guest
Re: Can a custodial parent revoke a noncustodial parents rights for not contacting them?

amoose said:
What is the name of your state? Missouri

I moved from Virginia in September of last year. There is a case there for custody and child support fo my daughter. I was told to file a case here to move the original case to Missouri after I had lived here 6 months. When I tried to do that I was told that I would have to travel back to Virginia to do so. The noncustodial parent closed his business or put it in someone elses name, and now cannot be found. I want to have the case modified or changed so that he cannot decide on 5 years that he wants to show up in her life and see her. He has not paid any support since I moved, which makes it very hard to raise my child. Is there any way to find him or have a case modified from another state without having to travel 19 hours to file at the courthouse there? It would make it impossible to provide for my daughter if I were to use that much money. I seem to be running into brick walls when I try to find out anything from here. Please help!
I moved from Ca to Missouri a few years back and I never had a problem with moving the case.. Talk with more than one lawyer maybe the one that you spoke with is LAZY! All I had to do to show that I have been here over 6 months was my kids school records and the CS checks that I recived due to the fact that it had my addy on it!
 

ktarra617

Member
just because you move does not necessarily mean you will get the case moved. Some states refuse to give up jurisdiction even though the child no longer lives there. I have seen this in several cases on here.

If I remember correctly NY and Indiana are two such states and according to our lawyer Texas is hard to get a case moved to another state.

So no, she may not get her case moved. She can try and she might but she may not either...nothing is absolute in the family courts it appears....
 
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amoose

Guest
Re: Can a custodial parent revoke a noncustodial parents rights for not contacting them?

I am not saying that money is the only thing that I need to raise my child. What I am saying is that the court order that I recieved was based on the fact that HE wanted joint custody as long as he was paying support. Since I have moved he has paid no support nor has he attempted to contact either me or my daughter. I do not rely on CS to pay my bills. The only thing that support does is buy her clothes or other things that she may need extra. MY main concern in this entire thing is that her father has just given up on her. I havent been able to find a lawyer that is willing to do the work that it takes to move the case to MO so that my child and myself do not have to travel 19 hours to go to court again for him not to show up. For one that is stressful not only on me, but on my daughter too. Shes not even 2 yet, and seh has seen her father maybe 4 times. That is his choice not mine. When we lived in VA and he had every oppurtunity to visit he would take her to his mom, until it came to the point that his mother was coming to pick her up and her father wasnt even visiting her there. MY daughter is not a toy, and I dont think she should be treated like one. If he wants to be a father I think he needs to make some effort to do so. I moved here to better my life, get a better job, and start over with my new husband. Her father knows where we live, he has our number and he still has made no attempt to contact either of us for visits. I think that is his problem, not mine because I moved. I never stopped him from seeing her. I more pushed it. I think that she deserves to have him in her life. He is the one that chooses not to be.
 
A

amoose

Guest
BTW, you can terminate parental rights for non-payment of child support and no contact. The legal term is abandonment.

How do I know???? I did it!!! [/B][/QUOTE]

Thank you! I was beginning to think that I was in a lost cause here. All I ever wanted was for my daughter to have a good life. When her father decided to stop paying and stop trying to see her I was still living in Virginia. I had only sent my change of address information 30 days in advance like I was supposed to do according to our agreement. Sure, he filed for full custody and filed that I have onyl supervised visitation of my daughter. But when it came time for court he never showed up. I think if nothing else that shows how concerned he is about his daughter. I am going to fight this until it is done. It is people like you that give us strength when things seem to be going wrong.
 
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JoandJa'smom

Guest
Onlyonevoice, I agree w you. In most states if a parent hasn't paid child support or seen the child in over a year or so that is considered abondenment and their parental rights can be terminated just for that. The father just can't come walking back in to this child's life after that much time has gone by, exspecially if he hasn't paid child support. JoandJa'smom
 
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cimbarnett

Guest
AMOOSE IF YOU WISH FOR THE COURT TO TAKE WAWAY HIS RIGHTS THEY USUALLY WONT W/O A STEP PARENT IN THE WING WAITING TO ADOPT AS FOR MODIFING THE ORDER IF YOU WISH TO GET CHILDSUPPORT TRY YOUR D.A.'S OFFICE THEY SHOULD COLLECT IN EVERY STATE AND THEY WILL FIND HIM ALSO THEY WILL MOVE YOU CASE TO WHAT EVER STATE THE CHILD IS IN THE CASE FOLLOWS THE CHILD. AS FOR HIM NOT SEEING HER JUST ASK THE COURT TO MODIFY VISITATION SO HE CANT JUST SHOW UP 5 YEARS FROM NOW BUT WILL HAVE TO GO THROUGH A CERTAIN STEPS FIRST. AND AS FOR THE PERSON WHO SAID CS SHOULDNT SUPPORT YOUR CHILD WHATEVER!!! IGNORE THEN THEY APPERNTLY HAVE NEVER HAD A FINANCIAL PROBLEM ANY SINGLE PARENT HAS TROUBLE RAISING A CHILD AND YES RENT HAS TO BE PAID NO MATTR WHAT BUT CLOTHES HAVE TO BE BOUGHT UNDERWARE SHOES FOOD IN THER MOUTH, AND KIDS DESERVE EXTRAS THEY DESREVE AN ICE CREAM OR MC DONALDS IT'S PART OF BEING A KID AND MORE NCP SHOULD REALIZE THEIR 200 DOLLARS A MONTH DOESNT COVER ALL THAT AND HELP PAY RENT ELECTRIC GAS TO GET THEM BACK AND FORTH TO THE DOCTOR OR BETTR YAT CO PAYMENTS OR HOW ABOUT LUNCH MONEY...............OK OFF MY SOAP BOX WELL GOOD LUCK TO YOU .........AMOOSE.........
 

djohnson

Senior Member
Now that you are off your soap box please read the big red words at the top of the screen. It would help people want to read your post among many other things.:D
 
It's NOTY supposed to pay RENT, ELECTRIC....

and other bills YOU as a parent are responsible for. Like you just said-- it IS for CLOTHES, shoes, trips to McDonalds, etc etc, and IF you are paying the rent, etc like you are supposed to be doing, then the CHILD support CAN be used for exactly what it is meant for. 200. a month isn't supposed to cover rent, electric, gas, etc. THAT is your job. THAT IS MY SOAP BOX.
 
T

theother

Guest
djohnson said:
Now that you are off your soap box please read the big red words at the top of the screen. It would help people want to read your post among many other things.:D
Punctuation is also very helpful.
 

Grace_Adler

Senior Member
I just thought I should make a few corrections.

The first one is, you don't have to have someone waiting to adopt to get parental rights taken away. I know several people who have done it successfully without anyone to adopt.

The second one is, the DA does not handle child support in all states. Here, the DA *will not* get involved in child support. It is done through CSE *only*.

The last part is just opinion which I'm sure many people will disagree with but, it's my opinion and I'm entitled too right?

Anyway, adults do not necessarily have to have rent, lights, ect, however, children do. Adults can get a job as a truck driver and live in the truck, they can join the military and live in the barracks, there are homeless shelters, there are merchant marines. No it's not the ideal way of life but it can be done if need be. The point is, there are alternate ways to live and an adult is independent and self-sufficient, a child is not. An adult can do without things if they have to for the sake of the child. I think that's the whole point the courts are trying to make. They don't care what you have to give up or what you have to do without, all they care about is the child's needs.

No, this doesn't mean I think people should live in homeless shelters or anything. My point is an adult can do without and live,where a child can't. Believe me, I've had to live in certain circumstances where I didn't have a place to live.I lived but I know I can't lose my home or electricity for the sake of my children. I'll tell ya this too, if I didn't have the money to pay my electricity or whatever, I'd let it get cut off until I could pay it. I've lived without it before but I will not let it get cut off now because I have children and I'm not doing that to them, even if it meant I had to go ask everyone in town to loan the money to me. JMO :)

Oh and I *think* CS will stay in VA since the father is still there.
 
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