Q: Would it make sense to file a motion for the biological father to surrender his rights?
Father took me to court for custody because I filed for child support in feb of 2018. He acted as if he really wanted a relationship with our child and wanted time etc. as soon as we went to trial in June of 2019 he got the child for two weeks for summer time schedule and failed to do so on his every other week from July to present. Their has been zero contact from the father. He does not follow the order to get him on his visitation days. I was granted full primary custodian with dad only getting visitations. My son never had a relationship with him since he was incarcerated majority of his life from the age of 9mos and got out when he was 9 yrs old. My son fear is that the father will try to come and get him when it’s convenient for him and force him to lie and be stressed again. I’ve only had one rude text messages of him requesting for me to take him off child support in which he has yet to pay. My son is no longer open to a relationship since he used him a a pawn during court.
A: He can't surrender his parental rights unless you get married and your spouse adopts the child, but you could file with the court to change the current parenting schedule, because if it is not being followed, he could claim that you are refusing to let him have time with the child and ask the court to have you held in contempt. Use the Find a Lawyer tab to retain a local family law attorney who can review the situation with you and review your options.
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