Tuesday, June 4, 2013

Can a non-custodial parent be emancipated from their child?If so, does he still have to pay Child Support for child he doesnt se

  Q:  Non-custodial parent has attempted to see child over 10 yrs. Throughout the years he has recieved run around from courts & mom as to what he must do to possibly see child. He even went to therapy &social worker stated he complied. Then child was to be seen. But mom stated her schedule didnt allow it &mom stated she wants dad to seedifferent social worker& child doesn't want to see him. .Etc.This was the last set of excuses because now child is older and has been severly brainwashed by mom. Although true because he never was able to develop a relationship due to alienation. His daughter is 15 and god knows what mom has told her. So father wants to know can he emancipate child since he has not seen her? He pay CS religiously. He had enough of this that he gave up his rights 3yrs ago.

A:  David's Answer: Preliminarily, I'm not sure what you mean by "he gave up his rights 3 years ago" as there's no such thing other than in the context of foster care. Perhaps you mean the father just gave up pursuing visitation. In any event, emancipation is a possibility, but the main issue here is that the refusal to visit must be proven to be no fault whatsoever of the father - i.e., the refusal must be completely unjustified. It's a relatively tough burden to meet. That said, for a full assessment, you're best advised to schedule a consultation with a Dutchess/Westchester Child Support attorney.  -- David Bliven, Westchester Family Law Attorney  (www.blivenlaw.net)

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