Forums > Single ParentingPage 1 2by: Two Princesses

Parental Rights?

posted 8th Mar
So it looks as if my divorce is going to go through and I will win the following in regards to our two year old daughter:
Physical custody
Legal custody
and he will not be given any visitation.
This would be because he didn't respond to the divorce and unless there's a hitch, it will likely be final before April.
My question is, does he still have basic parental rights? and will he still have to pay child support when I file for it, or will this exempt him from having to do so?
TIA.
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I have 2 kids & live in Long Beach, California
posted 8th Mar
It doesn't sound like he'll have any parental rights.. and he should still have to pay child support if you file for it
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I have 1 child & live in Arizona
posted 8th Mar
Are there reasons as to why he shouldn't have any parental rights?

It depends on the situation and what is presented in front of the judge. I'm currently going through the "court process". My child's father won't even have visitation, but he has some serious "legal" things going on that make him unfit.
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I have 1 child & live in Olympia, Washington
posted 8th Mar
Quoting .:Mini.Me:.:" It doesn't sound like he'll have any parental rights.. and he should still have to pay child support if you file for it"



So even though it didn't explissetly say so in the divorce papers, this will mean complete termination of his parental rights? and will he be able to contest the visitation/custody issue once it's final?
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I have 2 kids & live in Long Beach, California
posted 8th Mar
Quoting Two Princesses:" So even though it didn't explissetly say so in the divorce papers, this will mean complete termination ... [snip!] ... mean complete termination of his parental rights? and will he be able to contest the visitation/custody issue once it's final?"

Ask a court facilitator.

You won't know the outcome until the hearing, I'm assuming.
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I have 1 child & live in Olympia, Washington
posted 8th Mar
Quoting allison erin:" Are there reasons as to why he shouldn't have any parental rights? It depends on the situation and ... [snip!] ... process". My child's father won't even have visitation, but he has some serious "legal" things going on that make him unfit."


He is a chronic alcoholic and he was in jail when I filed for divorce last April.
There won't be a judge involved in my case. Since my divorce is a "True Default" case due to him never having responded to being served, it will go before a "True Default" Clerk. and then the decision
will be mailed to both of us.
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I have 2 kids & live in Long Beach, California
posted 8th Mar
Quoting allison erin:" Ask a court facilitator. You won't know the outcome until the hearing, I'm assuming."


There wont be a hearing, hence my confusion.
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I have 2 kids & live in Long Beach, California
posted 8th Mar
Why would he have to pay child support if he doesn't have any parental rights? As long as his name is on the BC then he will have parental rights and can still fight if he wanted to unless he signs over his rights.
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I have 2 kids & live in Tunnel Hill, Georgia
posted 8th Mar
Quoting Two Princesses:" So even though it didn't explissetly say so in the divorce papers, this will mean complete termination ... [snip!] ... mean complete termination of his parental rights? and will he be able to contest the visitation/custody issue once it's final?"

Well I'm not entirely sure but I'm just going from what you said "I will win the following in regards to our two year old daughter:
Physical custody
Legal custody
and he will not be given any visitation. "
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I have 1 child & live in Arizona
posted 8th Mar
Quoting Lin Brown:" Why would he have to pay child support if he doesn't have any parental rights? As long as his name is ... [snip!] ... as his name is on the BC then he will have parental rights and can still fight if he wanted to unless he signs over his rights."



That's what I figured. I was told by some people I know that he would have no rights after this.
I figured that even though he might be losing his rights, he would have legal rights to fight it if he got his life together and so wished.
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I have 2 kids & live in Long Beach, California
posted 8th Mar
Quoting .:Mini.Me:.:" Well I'm not entirely sure but I'm just going from what you said "I will win the following in regards ... [snip!] ... in regards to our two year old daughter: Physical custody Legal custody and he will not be given any visitation. " "


Since there won't be a hearing, that's why I really have no clarification.
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I have 2 kids & live in Long Beach, California
posted 8th Mar
If he won't have any rights to her, which is what it sounds like I'm not sure you would be able to file for child support. If you did then more than likely there would have to be some kind of legal rights given to him and he would be allowed some sort of visitation.
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I have 1 child & live in Chelsea, Alabama
posted 8th Mar
Quoting Two Princesses:" That's what I figured. I was told by some people I know that he would have no rights after this. I ... [snip!] ... even though he might be losing his rights, he would have legal rights to fight it if he got his life together and so wished."

Unless there is a form that explicitly states his rights have been terminated, then he does still have rights, and can appeal the visitation/custody ruling. Whether he WILL or not is another matter. So, because his rights have not been terminated, he will more than likely be ordered to pay child support. Visitation is not dependent upon child support, and child support is not dependent on visitation.
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I'm due July 6th (a boy), have 3 kids & 3 angel babies & live in Dothan, Alabama
posted 8th Mar
<blockquote><b>Quoting Two Princesses:</b>" So even though it didn't explissetly say so in the divorce papers, this will mean complete termination ... [snip!] ... mean complete termination of his parental rights? and will he be able to contest the visitation/custody issue once it's final?"</blockquote>




He will be able to contest it.
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I have 1 child & 3 angel babies & live in Vancouver, British Columbia
posted 8th Mar
Quoting PurpleBama582:" Unless there is a form that explicitly states his rights have been terminated, then he does still have ... [snip!] ... to pay child support. Visitation is not dependent upon child support, and child support is not dependent on visitation. "



Thank you.
I also figured if he lost his rights completely there would have to be a paper saying that. and that he would have more chances to respond before the divorce is final.
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I have 2 kids & live in Long Beach, California
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