Does my exhusband forfeit his rights for not seeing his daughter in over a year?

Question

my ex husband has not seen his our daughter in over a year. no phone calls, no letters nothing!!! we have joint custody but she lives with me. so here is my question: i was told by a friend that after a year if the non custodial parent has no contact with the child they have basically forfeited their rights and if i go to a lawyer i can get sole custody. is that true. i dont have the money for a consultation. all th elawyers in my area charge for your visits. does anyon ehave any knowledge in this area.

thanks

Answer 1

I would say if he hasn't made the effort to see her even if you tried to reach out, then don't worry about anything. You have your daughter at all times. He doesn't forfeit any rights unless you go to court, but I just don't see right now how that's going to change anything. When I was a kid I didn't meet my dad until I was 7. The next time I saw him I was 10. He paid for child support most of the time, but he never bothered to try and make me live with him and I don't think I would have wanted to.

Just go with the flow and save yourself the money of a lawyer.  

Answer 2

call your courthouse there should be someone that can give you a number for legal aid services that help for free or reduced cost. I know that in florida this is not true..good luck

Answer 3

I have never heard this before, but you can call legal aid in your case and they should be able to answer this for you.

Answer 4

I don't believe that it is true. A parent has rights no matter how much time has passed as long as their rights haven't been taken away from them legally.  

Answer 5

You can ask the court house for free  can't you    or child enforcement  or social services.

Answer 6

that is soooo not true! you would have to take him to court, and have his rights terminated. a judge will only do this if you are married, and your husband is willing to adopt.

been there, done that. he didnt see our son for 7 years, no support, nothing. still, it had to be done.

you wont have a problem having his rights terminated, it is kinda expensive, and can take about a year or a year and a half.

Answer 7

I know in some states this is true. It all depends on the age of the child and such. I would do some checking with legal aid. I have a friend who did this concerning her son since the father was incarcerated. You do have to fill out paperwork concerning legal custody and all though. Good Luck!!