Suspended Rights

[sasrls]

Hi,
need any info that could help me with this. My husband has a son (10 yrs old) from a previous marriage. His son was born when he was in the millitary he has seen him one time. after his divorce his ex-wife was killed in a car crash about 5 years ago. after that her mother had his rights suspended and became gaurdian. He does owe for back chld support and still pays current support the problem is while taking 50% of his income for his son we are always falling behind on support for his daughter, and everything else. Yes i know we probably should get an attorney but cant afford one when paying all this support. I have 2 kids of my own but there fathers rights have been terminated so i dont get support. I cant seem to find anything on suspended parental rights in Montana. And it doesnt state suspended until..... it seems that they are permenentlysuspended wouldn't this be a termnination.
Thanks
Steph

 

[sasrls]

please reply if you have any info on this?

please reply if you have any info on this?
Thanks,
Stephanie

 

[CMSC]

I have never heard of suspended parental rights, how did his rights get suspended? Is there a court order stating this? I would suggest modifying your order if he has 50% taken out for one child! Is his daughter from a different relationship than the son? If so which order was place first?

 

[sasrls]

I cant seem to find anything on suspended parental rights in montana either, but in the court order it states that they are suspended, they used the the same codes to do so as they would with a termination. his daughter is from another marriage but she was born later. thanks for repolying im trying to figure out what options we have.

 

[Grace_Adler]

I may be way off base here but I would file a petition with the courts to have the CS and custody thing modified. Good Luck. Also you could try calling the bar association and they may be able to refer you to a lawyer and you may be able to get a reduced fee for the consultation. Or try contacting the DA for advice.

 

[PoohBear8]

i did a google search & found this site:
http://www.wtp.net/~jelshoff/faq12.htm
among others you may want to read through. i searched using montana parental rights.
about the cs orders, check out
http://www.dphhs.state.mt.us/divisions/cse/guidelines.pdf
page 4, rule 6, in particular, to see if his support is too high.
you can find support guidelines at several different sites. just do a search. the one i found first is a little confusing, but is from the same area as the site above
http://www.dphhs.state.mt.us/divisions/cse/worksheets.pdf
good luck

 

[sasrls]

ok i looked the reasons they suspended his rights in the court order was abandonment. He was living in Wyoming and his son and ex were living in montana with her mother when she was died and then her mother filed for guardianship and had his rights suspended. I still cant find a definition for suspended rights. But i will contact the DA and Bar. thanks

 

[sasrls]

Has any one here heard of suspended parental rights?

 

[Grace_Adler]

No, I haven't but u could try looking the laws in your state up through this site: http://polisci.com/web/slegis.htm

 

[sasrls]

I talked to the County attorney in the county I reside she couldnt find suspended parental rights either.
Thanks for all the replies.