custody question?

Question

if my husband and i go to a lawer and get papers of him giving up his rights to our baby would it hold up in court. and how much would the lawer cost. it is his idea because he has a bad temper but i know if we break up he will try to take our son to hurt me he has said so.

we live in wisconsin

Answer 1

I did this in New Hampshire many years ago, wrote up the papers and had them Notarized and when it came to the divorce date the Judge asked if he still agreed. As far as I know any parent has like 9 - 18 months to reverse giving up parental rights, I don't think I'd waste the $ on an Attorney, write it up, go to a bank, have it notarized, it is just as legal.

Answer 2

I am sorry but in many states the courts will not allow a parent to give up rights on a child unless there is a new person stepping in to assume those rights. For example - if you got remarried and your new husband was willing to adopt your baby then your husband could be replaced with your new husband. In the absence of a new husband - the only way to remove the father's rights is if the state initiates proceedings against him for abuse/neglect.

Most likely what you can do is get divorced and get a custody/parenting time plan that gives him no parenting time. Some courts won't even sign off on that but you need to ask a lawyer. If he has a history of abuse that you can prove then you have a good chance of him being awarded very limited rights.

Good luck.

Answer 3

If you had papers drawn up and signed by both of you and the lawyer filed it, it should stand up in court but that doesn't mean that at a later date your husband can't change his mind and get his own attorney and file for full or joint custody. From what I understand the only way it would be permanent is if a judge took his rights away. As far as the cost, that differs from city to city.

Answer 4

I don't know what state you live in but if you go to the Court house there should be a library. The librarian would be happy to assit you in finding the proper documents. In some states, such as AZ, the forms are on the State's website.

I don't understand, are you getting a restraining order also?

Anyway, remember that giving up custodial rights does not prevent a parent from paying child support, especially if you receive TANF.

Answer 5

Do not give up custody if this person is not going to be a good parent. The papers our up to the judge and they have all final say. Most lawyers start out with a 2500. retainer fee which is bull, but you be strong and take care.

Answer 6

Nowadays there are lawyers who give free consultations. Find one and get concrete proffecional advice. Ultimately the court will not want the baby to be in the hands of someone who is not responsible and safe. They will be looking in the best interest of the baby. Start making your case, and get away from this guy!

Answer 7

Get a lawyer and fight him on this.. The judge and courts usually give custody to the mom as long as you have a job and can care for him.

Answer 8

In some states if he wants to give up rights you can contest it ans the judge will not let him give up custody..If you do not want to then you give him permission in a court room and the judge may agree..it depends on the state

Answer 9

You can only have him reliquish his rights if he has hurt and or threatened the baby. As this is his idea and he has already threatened you this may be a possiblity. I would say it could hold up in court.

Answer 10

You need an attorney to answer this question. It depends on the circumstances and the state you live in.

He has threatened you with that already? You damn sure need a lawyer now.