Q: Is there a way to terminate rights of a non custodial parent who pays child support through garnishment?
He has not seen the kids regularly since july 2014. He saw them once in June 2015 and once in July 2016. I have been told that because he “pays” child support even if it’s because he is garnished I can’t take his rights away. I am remarried and my husband wants to adopt them
A: What you were told is not exactly true. The statute states that a child may adopted without consent if the non-custodial parent has not provided financial support in 12 or the past 14 months ... OR ... has not made reasonable effort in the past 12 of the previous 14 months to establish or maintain a substantial and positive relationship with the minor child. There would have to be an AWOC Hearing and then a Best Interest Hearing, but it sounds like a good case. If you need help with this, please give us a call at 918-884-7791 Boeheim Freeman Law.
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