You are a very strong woman, Steph.
post #41 of 56
11/1/10 at 11:35am
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So if ds knows the UPS delivery drivers name I should allow him to spend unsupervised time with him?!? ![]() |
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if he signs over his rights would you still let him see owen once a year or whatever?
what about his sister? |
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I have to talk to my lawyer more about it, but this was our plan before. DP and I get married January 1st. When that happens ds will lose his Medicaid so we'll put ds on dp's insurance (yes, over 6 years after it was court ordered- ex STILL hasn't gotten insurance for ds even though it's available to him). After that I need to file some more papers with the Friend of the Court asking for them to re-calculate child support (to add in the additional health insurance expenses as well as the cost of living increase since Michigan allows for that every 3 years and it's been a little over 3 years since our last one). Based on an online calculator his child support should be a nice increase, which is going to piss him off so much. In addition to that he will also have to pay for 76% of all uncovered medical expenses (including ds's therapy). That includes all co-pays and such. Once all that hits ex I'm hoping he decides to sign over his parental rights and lets dp adopt ds. At that point dp and I will be stuck with 100% of all the medical expenses and we won't get the benefit of the child support, but it would be worth it, without a doubt.
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Once all that hits ex I'm hoping he decides to sign over his parental rights and lets dp adopt ds.
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add new baby to the list too. about that time right. due sometime early next year.
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Quick update... Got a text from him tonight. More demands for unsupervised time tomorrow, more threats.... Blah, blah, blah. I'm not giving in. He can take me back to court but I am not giving in to his demands. He can't even talk to me like a decent human. He just threatens and demands.
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I have to wonder why on earth he wouldn't return O to you? He hasn't been interested in parenting for 5 YEARS - O doesn't even consider him "dad".
You probably can't answer that, and I COMPLETELY agree that listening to Mama gut is SO important, ALWAYS, but I just wonder why on earth he would keep him? I mean, he doesn't even consider him his child, yk? ETA - keep all those text threats!!!! (I tell the queen of documenting this.....) |
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He has no interest in owen, but he has lots of interest in hurting me. He knows one way to do that is through owen.
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I'd ask your lawyer of the possible ramifications of asking to terminate parental rights. I mean, when is it considered abandonment? I know in the classical terms, since he's done *something* it's not abandonment, but really. This has been going on for years and it's not right to drag Owen through this. You take the high road every single time because you're doing what's best for Owen - ex is certainly only what is best for him(?).
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add new baby to the list too. about that time right. due sometime early next year. |
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I would just be careful about making it clear that you want him to do it. Not just because of the way he is, but because you don't want it to be looked at as blackmail. Kwim?
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I think it'll be something where I'll just have my lawyer send a message along to his lawyer about "unless he signs over his rights he's going to have to work with us for the next 11 years". Planting the seed, but not asking him to sign over his rights.|
We are hoping it will all be finalized before the end of the year.
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I kinda wondered that too! I can't imagine him even considering "parenting" O since he can't even remember the number of kids he has.....
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| In my state (CA) there are actually two different reasons you can file to terminate parental rights. The first in abandonment - which is defined as one year or more of no visitation and no means for supporting the child financially. The other is willful neglect which is defined as one year or more of either no visitation or no means for supporting the child financially.... Willful neglect is harder to prove I have heard but it is another option to ask your attorney about Steph. Also I want to add that based on my consults most family law attorneys have less knowledge of Termination of Parental Rights (TPR) than custody, etc. ---- I think that is in part because in my state TPR as well as adoptions are handled in juvenile court not family court. So if I used an attorney for TPR I might go with an attorney that specializes in adoption more so than custody. |