My daughters mother has not shown up for a visitation in almost three years (May will be 3) and she has had no physical or verbal contact with my daughter in over two years. The only reason she had seen her last (2017) was my wife took my daughter to her grandparents house to drop off gifts, and the called her mom over. We still stay home on the dates and times she is to come get our daughter. Shes only allowed 6 hours Saturday and 6 hours Sunday every other weekend. Now she does pay 100$ (shes on welfare) in child support every month and is only maybe a month behind. I want to go back and try to remove her rights or find another solution because my daughter wont allow us to go on vacations, or even an event if its the day of her moms visitation. Her mom only works 10 min away from our home and I have no number to contact her and all the mail I have sent to her address has been returned. She has pushed our daughter out of her life and it has only affected our daughter. But I don't want to stir any problems in court and it go against me in a custody battle.
Why go to court? Let sleeping dogs lie. If you want to really protect yourself send her a letter letting her know that since she has not exercised visitation in nearly 3 years you are going to assume she no longer will exercise it and plan activities during that time.
You should speak with an experienced attorney about your options because although you can request a modification to remove visitation, there are the additional problems such as the effect it has on your daughter. Also, there's potential for step-parent adoption and termination of mother's parental rights if you discontinue the child support order. The point is there is a lot of options that can be discussed and having a full picture would be useful in deciding how you'd like to proceed.
This response will not create an attorney-client relationship between you and Sarieh Law Offices, and is not intended to serve as a legal advice in your specific circumstances. This response is a legal opinion based solely on facts represented and you should not rely on this legal opinion as a legal advice. You still need to consult an attorney directly to fully protect your legal rights.
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