Legal Question in Family Law in Massachusetts
Ending father's Parental rights
My daughters father has not paid me any child support in over 3 years. He owes me well over 15,000. I have been in and out of court and once he did serve 30 days in jail for not paying me. The last time we were in court, he was ordered to pay me $157/week and set a court date for 30 days. He of course never showed up at court and has since not given me a dime. He works under the table, has no license and I'm not even sure of his address. I do know his mother's address though. The amount he should pay me was court ordered and he is supposed to pay the DOR weekly. He is a drug addict and alcoholic and after 3 years I want to end his parental rights all together and change my daughter's name to mine. What do I need to do and if I do do this, is he gonna still be responsible for the $15,000 he owes me? Or once I end his rights ,does that amount go away? I also would like to know, I now live in Massachusetts but have been thinking about moving out of state. Do I need his permission to take my daughter , who is 7 out of state. I also have a 12 year old, different father, who does pay child support. If I were to move , would I need to get permission from him to leave the state?
Thank you
3 Answers from Attorneys
Re: Ending father's Parental rights
Were you and the child's father ever married or if not, was parentage ever established?
You mentioned that the child support is through the DOR are they assisting you in any way to bring this individual back to court in regard to child support? Feel free to email me directly with answers and/or questions. Sincerely, Maria Murber
email: [email protected]
Re: Ending father's Parental rights
You can change the child's name without any legal action, unless it is for fraud or other illegal purpose. If you want the birth certificate to be changed, or her name on social security records, you will have to petition for a name change.
The only way you can cut off his rights is if another person adopts her. That will require a court hearing.
Failing to pay child support is not a basis for ending his rights, and if he ever straightens out, he can come back into the child's and your life and get visitation.
Unless there is a court order/separation agreement requiring court permission or his permission to move out of state, you may do so without his permission. Even if you have to go to court, he cannot prevent you from leaving unless you are just doing it to spite him. The court will not prevent you on its own unless there is some reason to believe you are moving just to punish him or prevent visits.
Re: Ending father's Parental rights
You need to get an attorney to help you terminate his parental rights. While not required I would suggest it.
Terminating his parental rights would not necessarily relieve him of any support obligation past present or future.
As to taking children out of state, that depends on the purpose and the time and what your divorce decree or separation agreement says. Many agreements allow for short trips out of state for a vacation, however to relocate to another state you will need the court's permission this would apply to both children.
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