Should a father who signs his parental rights away be held responsible 10 years later?

Question

I had a child in 1983...after a long battle I got custody...on her first visit she took off with him and was not found for just over 5 years. The Court would not give him back to me as he had no idea who I was. After 2 years of supervised visits and nothing but anguish from the child she asked if I would allow her current husband to adopt. I agreed. Now ten years later I have been arrested for not paying support and am being held accountable for 10 years back support. Any thoughts or opinions?

Answer 1

You should not have to pay any support from the date that her husband adopted the child. At that point, you were no longer the legal father, the adoptive father was.

The only period that you MIGHT be liable for is the 5 years that she had the child when on the run, and only then MAYBE if she was getting welfare for the child. The state might try to make you pay it back to the state. But they shouldn't do that since you had legal custody and she had kidnapped the child.

HIRE A LAWYER NOW!

Answer 2

Being in a some what similar situation I can provide the following information.

This all depends on the state that is enforcing the order.

In Texas, you owe child support until a judge either reduces or terminates the child support. Doesn't matter if you have terminated rights. The state see this a different matter all together. If you were order to pay child support, you owe it regardless of when it was terminated. They will not cancel previously accrued amounts and will also charge you interest on this amount.

This has become a problem for most fathers in your situation. A custodial parent can choose not to pursue the matter for years and the state will not act upon enforcement. One phone call from the custodial parent to the attorney generals office usually results in YEARS of problems. Court appearances for reviews of accounts, probation if payments not made, regardless of employment issues and such. You can be arrested at any moment as you have found out. It is a sticky situation for all.

You need to have an attorney at all cost. Otherwise, you could be jailed for a long period of time, then your problems become worse. They don't suspend child support payments because your in jail.


Good luck!

Answer 3

You say that you signed away your rights. What exactly did you do? Check the document. Was the document filed in a judicial proceeding? Did your wife's current husband actually adopt your child and was the adoption finalized and recorded in a court proceeding? Were your parental rights actually terminated by some court order? If your parental rights were actually terminated and you did not agree to any continuing support provision, then legally you are not obligated for the support of your biological child. You definitely need an attorney to represent you. Do not agree to any settlement or compromise with the prosecutor until you have an attorney review the matter. Simply agreeing to allow the then current husband to adopt does not complete an adoption -- unless there is a court order approving the adoption, it may have never occurred. Get legal help right away. Contact the local bar association or a pro bono group if you cannot afford to pay an attorney. You may be exposed to significant liability.

Answer 4

1. Did you report the kidnapping to the police? Was the ex-spouse arrested once found?
2. Was she given custody once the child was found? If not, she owes you whether or not the child was with you or her per the original court documents. If so, then you would owe from that date until the adoption was finalized.
3. If you had/have custody what exactly does the arrest warrant state? If you are the legal custodian then how did the arrest warrant pass through the court system? Contact the judge that signed the warrant and request the pertinent info provided to him/her that swayed them to sign the arrest warrant.
4. Admit nothing, sign nothing - and get an attorney immediately.

Answer 5

In the first place, you should have not signed away your parental rights. But since you did, you are not the putative father. The father who adopted her is. Get a lawyer. You absolutely have to have a lawyer in this case because this is a really rocky area of family law, due largely in part to that nasty Janet Reno ***** who now resides in Florida.

(My opinions aside, that woman has done more to debase the integrity of fathers in custody battles more than any other person in the history of the U.S.)

In the first place, child support and visitation are two very distinct and separate things. One is NOT equal to the other.

I would think that signing over your parental rights either wasn't done properly or else the adoption didn't go through. You absolutely need a lawyer here. Absolutely a must.

Answer 6

If you still had parental rights during those ten years, then yes you probably should pay some kind of support fines. Or work out something with your chid, seeing as how he is well over 18, maybe pay for college or something. This is support is for your child, who had nothing to do with the mother decisions. Don't make him suffer because of her actions.

It would also be a good idea to get a lawyer, but remember no matter what anyone says or what a writen statement says, you will always be this childs father, in one way or another.

Answer 7

Hi,

I answered this under your other posting. *Simplifying what I said in the other post* Since your child was in Michigan, the law was not followed regarding termination of parental rights. You ARE liable for ALL of the child support, since your rights were never extinguished. As well, you will most likely be convicted of the felony unless you can cut a deal to reduce to dismiss the charge (dismissal may be possible if you pay the ENTIRE arrearage --- more than most would have on hand for that many years- a reduced charge may be possible if you can come up with a big chunk). Failure to Pay is strict liability here-not knowing is no defense- Good luck either way!

Answer 8

If you have custody papers from the first court case I'd think that those would clear you. If not those how about the adoption decree papers ? If you have those papers
you should be able to show those and prove to the Department Of Human Services that the charges against you for back child support are incorrect.
Agree with other answers that you should get a attorney.
Here are a couple of links you might find helpful :
UNIFORM CHILD CUSTODY JURISDICTION ACT
http://www.law.upenn.edu/bll/ulc/fnact99/1920_69/uccja68.htm
Also you might find this helpful as well
UNIFORM ADOPTION ACT (1994)
http://www.law.upenn.edu/bll/ulc/fnact99/1990s/uaa94.htm
CHILD SUPPORT FAQ'S LEGAL ADVICE & HELP
http://www.worldlawdirect.com/article/716/Child_support_FAQ%27s_--_Legal_advice_and_help.html
MORE SITES,MOST ARE FREE :
http://www.law.cornell.edu/wex/index.php/Special:Allpages
http://www.lawguru.com/index.php
http://www.wwlia.org/homepage.html
http://www.findlaw.com/
http://www.law.indiana.edu/v-lib/
http://www.megalaw.com/
http://www.lawsource.com/also/
http://www.selfhelplaw.com/
http://www.cafelaw.com/

Answer 9

The issue of back child support should have been raised when you agreed to forfeit parental rights. Most states won't allow you to sue for back child support once a child turns 18 (unless they are going to college and the custodial parent is looking for college money - but that wouldn't apply in your case because of the forfeited rights.)

Since you were the custodial parent the entire time she was missing with your son, you are not responsible for child support for that period. I'd definitely get a lawyer to make sure your rights are being defended.

Answer 10

If you signed away your parental rights, you're still obligated to pay child support if ordered by the courts.

HOWEVER ... if your son(?) was adopted by the mother's current husband, then you should not be required to pay child support.

I would haul as* to a lawyer.

Edited to add: For all of those that said he should pay it until the time his son was adopted ... HELLO! Didn't you read his question? HE had custody, NOT the ex-wife! SHE was responsible for child support and took off with the kid. It's called kidnapping.