So my ex and I were never married and we broke up when I was 7 month pregnant after he cheated on me. He was a part of my daughters life; seeing her up to 4 times a week until last May when he moved to Texas. it's been almost a year since he has even made and effort to come and visit and only checks in with me via email once every two weeks if I'm lucky sometime it can be two months that I won't hear from him. He constantly says he's going to come visit and gives a time of when he's going to come back to Nevada but then never shows up. He doesn't pay child support nor does he call or even webchat with us anymore. He did just inform me he is now living with his girlfriend(the woman he cheated with)and has a son he has no issues being there for his son but hardly put effort into a relationship or supporting my daughter. He also has a 7 year old daughter from another woman who he hasn't seen in 5 years nor paid child support to. I've asked him many times to step up and help me financially support our child but hasn't followed through. Based off of his history and the minimal contact do I have a solid reason to take him to court for sole custody and termination of his parental rights?
When a parent has been out of a child's life and has made no effort to support or see the child for more than a year, there is a potential to terminate parental rights based on abandonment. However, be advised that termination of parental rights is a very serious and often quite difficult thing to accomplish, as it affects fundamental and constitutional rights to parent one's children. Though a termination of rights may certainly be possible under the circumstances, the easier route is often to get an award of sole legal and physical custody, while also requiring him to pay child support. I would recommend utilizing the services of an experienced attorney to discuss your options and determine the best course of action. Those of us who regularly practice in family law and deal with termination actions can certainly guide you through this process.
A court action for "sole custody" is entirely different from a court action to terminate parental rights. It is very hard to use the lack of payment of child support unless you have a court order establishing a child support obligation. You will not get "sole custody" if dad fights you. Rather, you will get primary physical custody and dad will get a right to visitation . . . likely in Texas. Then you will have to see if dad actually exercises visitation. Most courts in Nevada will not terminate parental rights unless there is a step parent waiting to adopt, although there are exceptions. You really need to sit down for a consultation with an attorney in your geographic area who has experience with BOTH of these types of cases to decide which is best to pursue . . . or look at other options such as opening a child support case (which is free), or doing nothing at all.
Responses are for general information purposes only, and are based on the extremely limited facts given. A consultation with an attorney experienced in the area of law(s) indicated in the question is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature to the question asked and the fact(s) presented in that question. THIS RESPONSE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP, particularly considering that the names of the parties are unknown.
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