Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My ex husband has not made an attempt to see our son who is now 9 for 7 years now. He is paying child support only because I filed with the Department of Revenue and they garnish it right out of his check. We both have remarried and my husband is the only father that my son has known, although he does know “about” his biological father. My ex is now threatening me that if I don’t stop the Department of Revenue from garnishing his wages, he will take me to court to fight for visitation. Visitation was never set up when we got divorced because he was in the military stationed in Germany. I feel that he has already given up the right to see him, but I know the law states differently. What can I do to prevent this from happening? I couldn’t force or make him want to be a father to our son, but financially I could. What are my rights?”
Question: If he seeks visitation, and has the desire and ability to parent, he will probably get his wish. I do not know of any pre-emptive strike you can make that will terminate his parental rights and still allow the flow of support. If your current husband wanted to adopt, and the child’s father wanted to relinquish his parental rights, you all may be able to accomplish this together by filing a joint petition.