Divorced for 9 years. We have a 15 year old son together. Dad owes a ton in past due child support and he's dodging the subpoenas that SED is sending him to bring him to court for child support payments. The visitation was modified 2 years ago so that he could see my son every other 2 weeks (motivation was to lower support payments). I agreed because my son wanted it. After the agreement, he didn't see my son for a 6 month period, then insisted on coming back into his life. Its happened again and hasn't seen my son since September 2006 - not once - and doesn't even bother making excuses. He called my son about a week ago - my son asked him if he was going to see him again, that its been 4 months. The ex started the usual yelling over the phone that he was lying, that it's only been 4 weeks, he threatened him, called him a f'ing liar, among many other things. The ex said that as far as he was concerned, he's not his son anymore. My son told him he hasn't been his father for a long time now. No more communication since then. how can I get this person out of our lives easily? I'm pretty sure I know the answer - court again - but isn't this abandonment at this point? And can't my son, at 15 years of age, go in front of the court and say that he doesn't want him in his life anymore? I don't care about the child support - I don't get it anyways. any thoughts?

the only way to get him gone entirely is to have his parental rights terminated, but you have to have someone else there to take them (stepparent adoption). my suggestion, go to court to stop visitation based on his treatment of the child as the fact that he does not excercise his visitation. the child can speak with the judge and at 15 a judge will listen to him. He doesn't have to do what the child wants, but he will listen. I would also see about recording any future phone calls. check to see if your state is a 1 or 2 party state. A judge would love to hear him cussing his son.

Divorced for 9 years. We have a 15 year old son together. Dad owes a ton in past due child support and he's dodging the subpoenas that SED is sending him to bring him to court for child support payments. The visitation was modified 2 years ago so that he could see my son every other 2 weeks (motivation was to lower support payments). I agreed because my son wanted it. After the agreement, he didn't see my son for a 6 month period, then insisted on coming back into his life. Its happened again and hasn't seen my son since September 2006 - not once - and doesn't even bother making excuses. He called my son about a week ago - my son asked him if he was going to see him again, that its been 4 months. The ex started the usual yelling over the phone that he was lying, that it's only been 4 weeks, he threatened him, called him a f'ing liar, among many other things. The ex said that as far as he was concerned, he's not his son anymore. My son told him he hasn't been his father for a long time now. No more communication since then. how can I get this person out of our lives easily? I'm pretty sure I know the answer - court again - but isn't this abandonment at this point? And can't my son, at 15 years of age, go in front of the court and say that he doesn't want him in his life anymore? I don't care about the child support - I don't get it anyways. any thoughts?

From your other posts, you are located in Florida, is the court orders also in Florida?

Unfortunately because he called, you won't be able to prove actual abandonment, however, you can try something:

Call ex and explain to him that you want him to voluntarily relinquish his rights- offer to forgive all CS arrears (IF you never collected any public assistance) and let him know that he'll never have to pay CS again. If he doesn't want to agree, remind him that you can and will take him to court on contempt for non payment. If his arrears are greater than $5,000.00 let him know that he can be charged with criminal contempt and be sent to prison. Sometimes those reminders will make a NCP change their mind.
If he still doesn't agree you should file a contempt motion, which will prove to ex that you are serious. Once he's been found in contempt once or twice, it will be alot easier to get a Judge to involuntarily terminate parental rights.