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Elledani

Guest
What is the name of your state? ohio. I am cp of my two beautiful daughters. He was around for the first year of my oldest daughters life...left the picture when my youngest was about 3 months...(they are less than a year apart) About 2 years ago he decided he wanted to pay child support so he could have visitation. Well he has paid a total of $24.45 that is all. A standard visitation order was granted. He seen them for about 3 months and dropped off the face of the earth again. my questions are: Does he still have rights? (we were never married)
Is abandonment an issue? he is in contempt for the child support is he also in contempt of the visitation? Can I somehow have his rights taken away if he has some? He is violent and a danger to my children but unfortunately have no way other than witnesses to prove it. I am scared for my kids to be with him, I am afraid he will try to takeoff with them.(he apparently has been in Texas for the past year until now) My oldest barely knew him and my youngest had no clue. They are 4 and 5 now, and he has already messed with their heads enough. Please help me? I need to know what I can do to put a stop to his being here for a few months gone for a few years, it is just not good for my girls. There is a support order in effect which he is evading.... what can i do
 
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Grace_Adler

Senior Member
Ok I don't know if I can help but I'll try.
1. Is child support court ordered?
2. What does your visitation order say?
3. Is there an order for custody? If so what does it say?
4. He may be in violation of visitation, depending on what it says.
If he is he can be held in contempt and you could possibly have visitation modified.
5. I can give you a link for you to research to see what the abondonment laws are in your state. Sometimes it's no contact or no support for a year or more. Either one or both. Other factors may come into play as well.
6. If he has legally abandoned them I believe you can have his rights taken away.
7. If there is no custody order you need to go file right now.
8. If there is no order for child support you need to go file now.

Here are some links that may help you.
http://www.acf.dhhs.gov/programs/cse/index.htm
http://polisci.com/web/slegis.htm
http://www.calib.com/nccanch/pubs/sag/groundtermin.cfm
http://www.findlaw.com
http://www.alllaw.com
 
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Elledani

Guest
response to Grace

ohio.....

lets see....there has been a support order for a couple years now...he is presently in contempt of it...but they have been unable to locate him to serve him the papers....the visitation order is the standard visitation order for ohio...without looking for it that is all I can say...other than it is supposed to be every weds. and every other weekend. i am the custodial parent. I think that answers all the questions you asked if not i will message again.
 

Grace_Adler

Senior Member
I think the witnesses could help you out with this (about the abuse). If you go to the third link I posted, it tells you the grounds for terminating parental rights. There are many of them. The second link shows state legislatures, you may have to do some digging but I believe you can pull up abandonment laws.

It sounds like he is in contempt of his visitation if he hasn't been keeping it which means you could probably go file a motion to show he is in contempt..not sure but I think it is a show cause motion. With that in mind I'm not sure but I think it is possible to have visitation modified to supervised or they might suspend it or who knows what else.

At least you have sole custody so if he did get the kids and didn't bring them back he could get in alot of trouble.

I would look at the links and see what you can come up with regarding abandonment and terminating parental rights. You can at least file to have the visitation changed and at worse have it supervised. I would also bring up the abuse and let them know you have witnesses.

You can try going to an attorney for a consult or legal aid. Sometimes the bar association has a referral service and the attorney they refer you to will give you a consult for a reduced fee. Also you can try doing more research at a law library if you have to go pro se. If you can't hire an attorney you can find out how you would go about it pro se from one.
 

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