Custody


#1

My ex-husband and I wrote up a separation agreement so that we could determine who would have custody of our daughter. We both agreed that I have full legal and physical custody of her. He has not contacted us since we signed the agreement Feb.14th 2011. I have heard that if he does not contact me for 6 consecutive months, then he is forced to terminate his parental rights, is this true? also, i had no number to contact him with before so I was unable to update him on our daughter, in our agreement it says that i am to inform him of medical issues, if we have moved, but i had to way to do so. I now have a number so do i have to contact him? and if i do, will he not have to terminate his rights? or will he still have to because i was contacting him?

Thanks in advance


#2

His lack of contact alone for six months will not cause an automatic termination of his parental rights. You would have to file an action with the courts to do so, and the court would only do so if it found facts supporting that a termination of his parental rights would be in the best interests of the child. If his rights were terminated you would lose your right to collect child support from him as well.

I would advise you to contact him and give him an update regarding the child.