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Old 03-12-2001, 09:53 PM
jelywarbl
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Hi there. My question is simple. i live in Utah. my boyfriend and I are re-establishing life we have relocated new jobs etc etc. any way. he has a manditory garnishment on his checks 1/2 his pay for child support. after all is said and done with taxes and crap he is left with approximatly $400 month to live. fair enough. but.....He has not been allowed to visit the 2 children. He has not seen them now for 6 years. my question is. how do we go about petitioning for the manditory minimum visitation right he is being denied? also he was wondering if he cant see him last resort maybe he should sign off parental rights just so they will quit taking 1/2 his income which leaves him with not near enough to live effectivly but kids do come first.
the mother is a nurse supervisor and has remarried and has moved on. the children last time he seen them there ages were 4 yrs old and 2 yrs old. so they, in reality, only have a vague memory of their father. so any advise and what are the legal routes to go without an attorney.????
thanx cant wait for an answer.
etc
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Old 03-14-2001, 08:36 PM
Grandma B
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Why is he not allowed to see the children? Did a court say he can't see them, or is the mother denying visitation? Was your boyfriend married to the mother of his children? If so, was he granted visitation in the divorce decree? If not married, did he ever file for visitation rights? Was there a reason he waited so long to decide he wanted to see them?

You are exactly correct in saying the children come first. So many don't understand that premise. The children have a right to a relationship with their father.

Has he tried discussing the problem with the mother? He should let her know that he's interested in visitation and plans to take appropriate action.

Re his signing off on his parental rights. The only way he could do that would be if the mother's new husband wished to adopt the children. If that happened, it wouldn't immediately solve his paycheck problem. Since his wages are being garnished, I'd have to assume he is in arrears on his child support. Adoption by the mother's husband would not forgive the arrearage amount; it would only mean that no new support would accrue.

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