• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Parental Rights vs Back Child Support

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

kimibabeee

Junior Member
What is the name of your state? OH

My sons father lives in WV. His name is not on my sons birth certificate because when my son was born 9 years ago he was hiding from the police and needed a state issued ID and didnt want to try and get one for fear of getting caught.

He has always been somewhat involved in my sons life (hes been in and out of jail and prison and is a drug addict with bouts of being clean here and there but I didnt want to shut him out even though I took my life in a whole different law abiding direction) I have given him several chances to get back in my sons life when he was clean and last year I had some health issues and since he had been clean for over a year I let him take my son while I was ill. I did not give him custody but a temporary POA.

At the end of Jan I found out he was back on drugs and had taken my son out of school, also that he was leaving him alone and using in front of him. I went to get my son the next day.

Here is my question. My new husband has been wonderful to my son and really wants to adopt him but I understand that his father has to give up his rights willingly (even tho hes not on the BC and has never paid child support) or its likely to cost me a fortune to have them terminated thru the courts.

IF he refuses to give up his parental rights can I go after him for any kind of back child support, there was obviously never a court order for it.

Until 3 1/2 years ago I raised this child 100 percent on my own, no help from him or his family, no welfare. Just Him and I until my new husband came into our lives and I dont want him to be able to jump in and out confusing and hurting and disappointing him for the rest of his life.

Thanks for any advice!
 


Seanscott

Member
Paternity must be legally established before parental rights can be terminated.

Support will only date back to the day you file for support in court. I think the judge will say you should have asked for it a long time ago.

Smart lady! I can see what you're thinking - ask for years of back support and maybe he'll give up his rights. Unfortunately it won't work that way. I'm glad to see you're willing to fight for your child's best interest. Good luck.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top