Q: My Wife's ex-husband has been FTA for child support for over a year. Can we have his parental rights taken from him?.
My Wife filed for CS over a year ago and Ex didn't show and refused to turn himself in. Has an FTA on him. Yet on his facebook page he is carrying on with his life as nothing is wrong. He has tried to contact her on many occasions to get the kids. Can she have his parental rights taken from him and/or he be charged with child abuse by neglect?
A:
Child support and access are two different things. Even if he is not paying child support, he is entitled to see the children. Nor does it meet the definition of neglect to not pay child support.
The better solution is to file for a modification of custody and address the child support in the same matter. When he shows up to get custody, child support will also be taken care of.
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