Child is 2yrs old… I did not find out he was mine until he was almost 1yrs old. The mother and I were never married. I have another child with my wife. I am currently on child support but I filed for modification due my recent unemployment. The mother has cause numerous problems and has even stated that she does not what my wife touching her son therefore he is not allowed to our house… she does not want him to establish a relationship with his little brother. She is not willing to agree to anything. I filed for custody but temporary custody was awarded to her mom while she is overseas. I believe it is in the best interest of all my children for me to terminate my parental rights of my 1st born. I’ve only seen him approximately 5 times because I am forced to sign in if I want to visit him.

ANSWER

The Family Courts first priority are the best interests of the child. Therefore, both parent have a duty to financially provide for the child until he is 18. This is true regardless of how often you see your child or the quality of your relationship with your child. Therefore, the only way to get rid of your financial obligation for your first born is if someone else adopts him. If that happens you can consent to the adoption.

You are not required to see your son if you do not want to but you do have the right to see him and the Mother cannot unreasonably withhold time and access. You mentioned that the mother was awarded temporary custody. If so was there a visitation schedule that was ordered? You can speak with an attorney about this if you are interested in having scheduled time with your son.

Since your son is only 2 years old, the amount of time you get to see him may seem unfair to you. Remember that this situation with your son is only temporary. As your son gets older and more familiar with you, you may ask the Court for more time with him. Custody and visitation are always modifiable based on a material change in circumstances. If you want to have more of a connection with your son, be patient, give it some time, be patient, and see your son as often as possible even if it is for a short visit.

If you really don’t want to have contact with your son, then the Court will not make you see him. But, the Court will make you pay some child support until he is 18 and graduates high school.