what if csed can not find absent parent?

[sharon]

we turned in our sons mother for not paying child support for 3yrs and they have not been able to find her even after we have given addresses and it's been a yr since we last heard anything from them she still comes to get him and takes him to the shelters with her. I read somewhere that if the absent parent doesn't pay suppport for 12 months and you can prove it you can terminate there perental rights?( I would love to adopt him being is how i have been in his life for the last few years taking care of all his needs) is this right?

That is normally not correct. She can be punished or even jailed for not paying support but the courts will not terminate her parental rights normally. Not simply for non-payment.

[pooh_200619]

Okay first of all I would like to say that I'm not a lawyer , Attorney , Or Judge, Just a Legal US Citizen and that i have 8 years or more in Legal Child Support and Visitation and Guardianships thru the system and have done many years and hours of research to know somethings.. It is not legal advice and it's always good to ask a legal advisor for there time to help you in all court system matters.. I want you to know that when a parent is behind in there support there are many things that the courts can do but don't like to do.. First of all you can call the FOC (Friend Of The Court) or what ever it is named there and ask them to help yo file for a hearing on Child Support if they say they can't help you then go to your local Court house and walk in there there and say look I know that I can file for a hearing on Arrears for contempt of none payment and tell them that you have spoken to a attorney which is always good, and tell them that you know that you have that right to do that since she/he is so far behind in payments it will then be set up for a hearing date for noncompliance of child support order contempt and then the judge will ask for all information on the case and if she/he shows up and says that she can't afford or refuses to pay it then there is two things that could happen he could throw her in Jail for non support till she pays it, or he will make some kind of arrangement for her/him to pay and if i doesn't get paid in, in like 2-6 months then you can refile for contempt and this time when you file for this you can also file for change of Custody since she lives in shelters and that really isn't a invironment for a child if you have proof that is where she/he is staying..Then the next thing is that if you can prove that she hasn't paid in 3 years then that will suspend her license for driving and if you feel that she is putting that child in danger then you have that right to file for change in visitation and custody and if she doesn't show then you will be granted full custody in most cases..They will catch her there might be already a warrant but to catch you they would have to be some kind of complaint filed and a officer to run her name and they might just pick her up.. So what you could do it's not a good thing but might work.. She/he comes to pick the child up right well if you aren't sure that she has a warrant for her arrest you can always call the cops to your home when she arrives and try to keep her there for awhile till they get there and then when they arrive tell them you really don't want to release the child into her care cause you don't know where she/he is taking the child cause you are scared for the child they will run all the names and if she has one then they will pick her up if the warrant is in the county and state and they can transport her there..If she doesn't have one then they will tell you that you have to let the child go and need to file paperwork in the courts or they will agree with you if she can't prove where she/he is taking the child.. That is the best that i can help you with that..Good Luck.. Again this is not legal advice just experience..it is always good to get legal advice from a attorney and lawyer in matters like this there out there for free counsoltation..

[dolphinmother2373]

Originally Posted by sharon

we turned in our sons mother for not paying child support for 3yrs and they have not been able to find her even after we have given addresses and it's been a yr since we last heard anything from them she still comes to get him and takes him to the shelters with her. I read somewhere that if the absent parent doesn't pay suppport for 12 months and you can prove it you can terminate there perental rights?( I would love to adopt him being is how i have been in his life for the last few years taking care of all his needs) is this right?

you should be able to terminate the rights of the absent parent for non payment of support, but, no court will do that though! they want to make sure the absent parents pays somehow! either by money or community services, why is she in shelter for? is it because her child support payments too high? maybe she gets a place of her own and with all of her living expences to stay afloat along with court ordered amount of child support is more than she makes, is that fair to her that she dosent has a place to live cause child support made the order too high for her? maybe that why she chooses to be in a shelter? dont know, i do understand very well this sistuation cause i am too homeless, having to work 7 days a week to make ends meet and my child support court order wont change neither, so I have to stay in the streets and surrive the best that I can, that is why I wont visit my kids right now, I have respect for them, that is something she needs to consider when she takes the child to the shelter?