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It depends on your state law but in most cases yes you can. Just because a court has deemed the father unfit to parent does not mean they are absolved of there financial obligation to the child.

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12y ago
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14y ago

Oh, he can appear, but he is likely to be arrested under the warrant. He would have to send his lawyer to represent him. And with a warrant for unpaid child support, there isn't much chance he is going to gain custody.

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6y ago

It is unlikely a father who isn't supporting his child would be granted custody. Why should custody be taken from the mother?


He would have to provide compelling evidence to the court that the mother is unfit and it would be in the child's best interest for him to be granted sole custody.

The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:

  • physical, emotional and sexual abuse
  • excessive discipline
  • failure to protect the child from abuse by others
  • failure to report abuse of the child
  • neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
  • failure to provide proper medical care
  • failure to provide day to day parental care
  • serious illness or disability
  • mental illness
  • substance abuse or addiction
  • Alcoholism
  • criminal activity and/or associations
  • incarceration
  • conduct or conditions that are seriously detrimental to the child
  • abandonment
  • child endangerment
  • leaving the child unattended or in the care and supervision of a child or otherwise incompetent person
  • a failure to provide adequate supervision
  • unsafe living conditions
  • a medical condition that makes it impossible for the parent to adequately care for the child
  • leaving the child in someone else's residential-type care for extended periods of time
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14y ago

Yes as the father has become a defaulter then the mother can get full custody and have the parental rights of the father revoked.

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Q: If the father does not pay child support for more then a year can the mother get full custody or can she get the father's parental rights revoked?
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Can the mother who has full custody of a child still receive child support from the father who has not seen the child in 3 years after the father s parental rights are revoked?

Yes, the revocation of parental rights does not exclude the parent from being financially responsible until the child or children reach the age of emancipation, or the age ordered in the child support petition.


Do you have to pay child support if you have primary custody in California?

Fathers are frequently ordered to do so there, despite having primary custody. see link below


Does a father with joint custody lose his parental rights when he fails to pay child support for 6 months in Louisiana?

No. Custodial or visitations issues and child support are completely different matters. Parental rights can only be relinquished voluntarily by the parent or permanently terminated by the court.


In Texas a single father wants to sign custody to grandparents bitter court battles mental health issues on the deceased mother's side Can he do this and not pay child support or be responsible?

Signing away one's parental rights or custody will not, in itself, relieve one of child support.


What is the procedure for obtaining legal custody of a friend's child if she is willing to relinquish her parental rights?

In general, parental rights are terminated either preparatory to an adoption, or after a trial in which it is determined that the parent is unfit. In any case, termination of parental rights does not, in itself, terminate child support.

Related questions

Can dad change custody order to an equal shared parental responsibility and pay no child support?

The child support amount would depend on the difference in income. Even sole custody fathers are ordered to pay child support.


Do you have to have full custody of your kids in order to get chilod support?

no, sole custody fathers can also be ordered to pay.


Can the mother who has full custody of a child still receive child support from the father who has not seen the child in 3 years after the father s parental rights are revoked?

Yes, the revocation of parental rights does not exclude the parent from being financially responsible until the child or children reach the age of emancipation, or the age ordered in the child support petition.


In Iowa does a Father who has been incarcerated and has had his parental rights revoked still obligated to pay child support?

Yep.


Do you still have to pay child support if you have custody takin away?

Usually only the fathers


Who is eligible for child support?

This is interpretive as even sole custody fathers can be obligated to pay.


Can a mother claim child support if her rights were taken due to drug charges?

No. If her parental rights have been revoked by the court she would not have custody of a minor child and therefore not eligible for funds to support that child. If child support were being paid before the mother's rights were terminated that support now belongs to the person(s) or agency having legalcustody of the child.


Can a Mexican mother have custody of her daughter so they can return to Mexico since she can't work to support her child in the U S?

Only the court can approve the child being removed from the country, which is unlikely, as Mexico does not honor fathers parental rights.


Do you have to pay child support if you have primary custody in California?

Fathers are frequently ordered to do so there, despite having primary custody. see link below


In ms can mother be awarded child support with joint physical custody?

Even sole custody fathers can be ordered to pay child support, when they earn more than the mother. see links


What are an unwed mother's rights in Colorado?

You have full custody and legal guardianship. The father have to go to court to get his parental rights and petition for custody, visitation and pay child support.


Who has legal custody in Arizona if never married?

The mother. The father have to prove paternity by a DNA test and can then get his parental rights and petition for custody, visitation and pay child support.