Legal Question in Family Law in Pennsylvania
Child support/visitation/giving up parental rights
My ex-husband has custody (Share Joint Custody) of our 2 children in Florida, and I have scheduled visitation at specific times of the year. This past year (2007), he refused to let the kids come to my home in PA as scheduled for their summer vacation (all summer) and during Spring break because I am living with my fiance. Has he violated a court order? Also, he now wants to take me back for more child support because I don't have them for 100 days or more a year--I did before he moved to FL and would have had I had them as scheduled--I was having $242 every 2 wks come out of my check since 01/02/2007, except for 12/14/07-$230 for the full amount of child support for the year. He was not happy! He makes plenty of money-his work and military retirement, and I barely make it between paydays. Who was right in both situations? I did try to get my kids over Memorial Day to bring home for their summer with me and at spring break. I have considered giving up parental rights-it will kill me if I had to just so I could survive financially without going bankrupt thanks to the ex-husband. HELP Please!!
1 Answer from Attorneys
Re: Child support/visitation/giving up parental rights
As to the custody order yes he has violated the custody order if he has not followed the terms of the order regarding partial custody.
I don't see how he can claim that he is entitled to more support based on his violation of the order.
Absent an adoption you can NOT terminate your parental rights. If the courts allowed a non-custodial parent to do that than any non-custodial parent could avoid supporting their children by doing so.
If you have any questions feel free to contact me. The initial consultation is free.
{John}
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