My daughter is eight years old, and her biological father stopped seeing her around 13 months of age… I met my now-husband when my daughter was four months old. So she thinks my husband is her real dad. My husband has taken over the dad role, and his family treats her as a family as well… well, the past two years, I’ve been trying to change my daughter’s last name to mine, and it’s been a struggle because I couldn’t find dad’s address. Well, I recently found him, and he is in agreement to sign papers, but only if I drop child support. At first, I said no to dropping support… so a few days ago he said since he’s paying child support, he wants to start visitation again… in which I am not going to allow since he has been absent for seven years. He’s missed birthdays, Christmas, Easter, and when she was in the hospital for a month with strep in her brain… So my question…do you think a judge would give him visitation if he’s been out of her life for seven years??
Hate to say it but legally yes. Best way to get rid of him is forgo the support.
Yes, the father is entitled even after not seeing her for 7 years. If you don’t want that… Have him sign over his rights and have your husband adopt her. Child support will no longer apply.
If he’s paying support, in the eyes of the court, he’s entitled to visitation regardless of how long it’s been.
If I were you, I’d take the bargain about letting go of the supprt from him. That way, neither of you are legally obligated.
Yes but it will be a slow process…maybe one day a week till she can build some type of relationship with him…then every other weekends
Most states consider an absence of 18 months or more abandonment. You have grounds to fight and terminate parental rights.
Unfortunately yes the courts always try to reconnect the bio father or mother whenever possible. My advice is to wait it out. I’m sure he doesn’t want to see her all of the sudden. He’s trying to scare you into dropping child support.
Drop the support, have biological sign the papers and have your husband adopt her.
In Michigan, after two years of being absent, the judge can write him off… But if he has been paying support, the judge won’t.
If step dad stepped up then you don’t need biodad for anything. He’s missing out. Maybe negotiate. Ask for half only and maybe set it up so that it goes into a small trust for her when she turns 18. This way he feels better knowing your not getting the money and it’s something for his bio child.
I’d also only comunicate via text and save everything he sends. If he was willing to sign over his rights before but now just cause he still has to pay he wants to see her. Bring that up in court. Let them know he abandoned her. She doesn’t know who he is. It would be traumatizing for her.
Is it really worth the child support?
Yes. He most likely will get whatever visitation he wants. Why not just stop support? If your husband is her dad now then you don’t need it.
So you want his money, want her to be adopted by your husband but don’t want him to see his child? You can’t have it both ways. If you’re husband has really been her dad all these yrs, then do you really need his money?
Tell him to go to court. Most men won’t. And he’s not automatically allowed to see him again. I have a friend that hasn’t seen his kids in 2-3yrs. He’s been fighting for visitation all year & the courts aren’t allowing it. They’re making him jump through hoops & all he’s asking for is supervised visits because he’s technically homeless & has nowhere to take them. No criminal record & not a danger risk at all.
Absolutely he will get visiting rights he is after all paying for her support,even if he was absent all that time if he paid support he is entitled for visitation with his child. You do not have the right to terminate his parental rights if he has and continues to pay child support.
Yes. Been there. All the judge will see is the biological father.
If the father requested of the court to have time with child court will grant.
Drop child support ,your husband should adopt her
If he is paying child support I think he has a right to see the child every case is different I have full custody of my 2 girls I terminated his rights for my girls best interest which I had proof why I did it after 3 years of him being absent he comes into there life and wants to see them I told him on my conditions he agreed and signed the agreement on paper he gives my girls money every time I take them to see him