no child support or contact

[momneedinghelp]

What is the name of your state? IN
OK I have a 9 year old daughter and her father has never been good about child support, but he has not paid since Jan. of 2005. He also has not seen her since July of 2004, he hasn't called since June of 2005(That came the promise that he would call every other weekend.).
My daughter has asked quite a few times about him, and im not really sure what I should tell her. I am married and her stepfather treats her as his own, she has asked many times about changing her last name to ours and calls him daddy alot. I dont know what to do legally. I would like to know how to go about getting his rights taken away, if its even possible. Please HELP Im at witts end!!!

 

[eme76]

not legal advice....just keeping your sanity advice

What is the name of your state? IN
OK I have a 9 year old daughter and her father has never been good about child support, but he has not paid since Jan. of 2005. He also has not seen her since July of 2004, he hasn't called since June of 2005(That came the promise that he would call every other weekend.).
My daughter has asked quite a few times about him, and im not really sure what I should tell her. I am married and her stepfather treats her as his own, she has asked many times about changing her last name to ours and calls him daddy alot. I dont know what to do legally. I would like to know how to go about getting his rights taken away, if its even possible. Please HELP Im at witts end!!!

let sleeping dogs lie...

tell your daughter daddy loves her very much but he has some problems right now and as soon as he figures them out he will call/see her again. you do not need to elaborate any further....enjoy the fact that he (father) is not causing you greif and move on with your life

if he should surface at some point down the road....deal with it then(i'm sure there will be enough c/s owed by then to keep him out of your hair)

 

[GrowUp!]

What is the name of your state? IN
OK I have a 9 year old daughter and her father has never been good about child support, but he has not paid since Jan. of 2005. He also has not seen her since July of 2004, he hasn't called since June of 2005(That came the promise that he would call every other weekend.).
My daughter has asked quite a few times about him, and im not really sure what I should tell her. I am married and her stepfather treats her as his own, she has asked many times about changing her last name to ours and calls him daddy alot.

Regardless of his alleged lack of contact, why do you allow the daughter to call your hubby DAD?!

I dont know what to do legally. I would like to know how to go about getting his rights taken away, if its even possible. Please HELP Im at witts end!!!

There is nothing YOU can do legally. You will not be able to take his rights away -- PERIOD! Parental rights are constitutionally protected (with some exclusions). You can certainly approach your ex about terminating his parental rights, but if he refuses, then there's nothing you can do.

You should also check your state statutes re: TPR's. If he's not paying child support per the order, then file a Motion to Show Cause for Contempt in court.

 

[Neal1421]

What is the name of your state? IN
OK I have a 9 year old daughter and her father has never been good about child support, but he has not paid since Jan. of 2005. He also has not seen her since July of 2004, he hasn't called since June of 2005(That came the promise that he would call every other weekend.).
My daughter has asked quite a few times about him, and im not really sure what I should tell her. I am married and her stepfather treats her as his own, she has asked many times about changing her last name to ours and calls him daddy alot. I dont know what to do legally. I would like to know how to go about getting his rights taken away, if its even possible. Please HELP Im at witts end!!!

Is there a court order for child support? If so, why haven't you filed for contempt for non-payment? If there is no order, he is not legally obligated to pay anything.

 

[Shawna]

Have you and your husband discussed the possiblity of him adopting her? Normally what happens is that the court will try to find dad by putting out an ad in the paper for about 4-6 weeks with a court date to appear regarding the adoption of the minor child. If dad doesn't respond then the adoption will be awarded and at that time you can request that your daughter's last name is legally changed. Good luck to you and your family.

 

[stealth2]

Normally what happens is that the court will try to find dad by putting out an ad in the paper for about 4-6 weeks with a court date to appear regarding the adoption of the minor child. If dad doesn't respond then the adoption will be awarded and at that time you can request that your daughter's last name is legally changed. Good luck to you and your family.

It really isn't as simple as all that. Generally, prior to service by publication, one must prove to the court that a real effort to locate the other party was made.