JonAndAshly
New Member
What is the name of your state? AZ
This is a long story but I will try to make it as short as possible.
While living in WA I left my husband when our son was 5 months old because we just did not get along and married for the wrong reasons. I was only 18 and thought it was the right thing to do. I then moved in with my mother and met the love of my life who was her neighbor at the time. We got involved before the divorce was done.
When our son was a year and four months which was November 05 my ex stopped picking our son up for his weekend visitations. At this point there was no custody set up so he could have seen him whenever he wanted to. We only lived about 5 miles away.
The divorce was finally final in October 06 at this point my ex still had not seen our son. In the divorce paperwork it states that his time with the child shall be limited due to emotional neglect. It also states willful abandonment. It says that he can have visitations every weekend as long as he has clean drug tests. He signed the divorce decree. He was paying child support on and off during this time just not seeing our son. He refused to have a drug test and did not even ask about our son or about seeing him.
I married my new husband in December of 06. We moved to AZ to be closer to his family. My husband makes good money. We have a nice home in a nice family friendly town. All my sons needs are well taken care of. We are now trying to terminate the rights of my ex so that my husband who has been there for my son since he was 6 months old can adopt him. My ex is refusing to sign the paperwork because there is no guarentee that the child support order will be dropped. His now girlfriend is trying to tell me that I commited two felonies. One being leaving my husband and getting together with another man before we were divorced which I know is not true because WA is a no-fault state. The second is that I took our son out of the state without my ex's written permission. But I dont think that one is valid either because in the divorce decree it says I have to give written notice to everyone who has court ordered time with the child, which he didn't really.
I want to have his rights terminated but now I cant even have him served because they are refusing to give me their current address. His girlfriend is claiming harassment because I have been emailing them simply stating that I need their address so that he can be involved in the case. I know that I can do a Service by Publication, so that is my next step.
My question is first how does it look on his case that he will not even give me his address? It seems like not giving the mothe of the child a way to contact you just shows abandonment even more. My next question is can his girlfriend claim harassment even if I have not said anything harassing to her but have simply emailed her after she told me not to? Third, what are my chances of actually getting the court to terminate his rights?
Any help would be greatly appreciated. Thank you
This is a long story but I will try to make it as short as possible.
While living in WA I left my husband when our son was 5 months old because we just did not get along and married for the wrong reasons. I was only 18 and thought it was the right thing to do. I then moved in with my mother and met the love of my life who was her neighbor at the time. We got involved before the divorce was done.
When our son was a year and four months which was November 05 my ex stopped picking our son up for his weekend visitations. At this point there was no custody set up so he could have seen him whenever he wanted to. We only lived about 5 miles away.
The divorce was finally final in October 06 at this point my ex still had not seen our son. In the divorce paperwork it states that his time with the child shall be limited due to emotional neglect. It also states willful abandonment. It says that he can have visitations every weekend as long as he has clean drug tests. He signed the divorce decree. He was paying child support on and off during this time just not seeing our son. He refused to have a drug test and did not even ask about our son or about seeing him.
I married my new husband in December of 06. We moved to AZ to be closer to his family. My husband makes good money. We have a nice home in a nice family friendly town. All my sons needs are well taken care of. We are now trying to terminate the rights of my ex so that my husband who has been there for my son since he was 6 months old can adopt him. My ex is refusing to sign the paperwork because there is no guarentee that the child support order will be dropped. His now girlfriend is trying to tell me that I commited two felonies. One being leaving my husband and getting together with another man before we were divorced which I know is not true because WA is a no-fault state. The second is that I took our son out of the state without my ex's written permission. But I dont think that one is valid either because in the divorce decree it says I have to give written notice to everyone who has court ordered time with the child, which he didn't really.
I want to have his rights terminated but now I cant even have him served because they are refusing to give me their current address. His girlfriend is claiming harassment because I have been emailing them simply stating that I need their address so that he can be involved in the case. I know that I can do a Service by Publication, so that is my next step.
My question is first how does it look on his case that he will not even give me his address? It seems like not giving the mothe of the child a way to contact you just shows abandonment even more. My next question is can his girlfriend claim harassment even if I have not said anything harassing to her but have simply emailed her after she told me not to? Third, what are my chances of actually getting the court to terminate his rights?
Any help would be greatly appreciated. Thank you
