Me and my husband are on our way to a divorce. I want him to give up his rights on both our children.?

Question

Is this the same as him giving me full custody? And if so can I still get child support if I have full custody?

Why should he have custody when he would rather go out all the time then be with his family?

We are not even divorced yet. We are still married! So why should he have custody when he would rather hang out all the time with his friends instead of with his family?

Answer 1

I have the same advice as everybody else here,But what I am going to add is that you seem to want 3 things here...

1)a divorce
2)to hurt him
3)his money

and by doing these things you will lose your childrens respect, and eventually love.
the other thing is that by continuing with this attitude you run the risk of losing your children in court, the courts are not going to strip a father away from his children just because you said so and they have been known to change custody because the mother is thwarting the fathers RIGHT to see his kids, if you dont want that, then I suggest that you divorce him and adopt a respectful attitude so that he can adopt one with you and you can move on to live a happy life.

Answer 2

You can't get your husband to give up his rights on his children as he will always be the children's father and you can't change that. The children also need to see their dad and have contact with him and if you start doing very nasty stuff like this, you will be the looser re your children in the long run as they will grow to dislike you for what you are trying to do, so don't say you weren't warned.
Yes you can get full custody and child support, but the father has rights to see his children if he wishes too.

Answer 3

If you let him sign away his rights to the children, he doesn't have to pay child support.

This doesn't mean you cannot get custody. The only way you can prevent him from getting visitation and still have to pay child support is to prove that he is so unfit he isn't even capable of supervised visitation. My goddaughters father sexually abused her as a child, and yet he still had rights to see her on occasion.

Answer 4

If your husband's name is on the birth certificate or if he has adopted the children, then he is obligated to pay child support. If he "gives up his rights" or signs away his biological rights to the children, then, no, he won't have to pay support. Technically, the children will no longer be his. As much as you probably despise him now, the court will decide what's in the best interest of the children. If awarding joint custody to the both of you is what's best, then so be it. Good luck. I hope everything works out for you.

Answer 5

you may want him to give up his rights, but the reality of it is, unless there is a man to pick up those rights (such as adopt them) you won't have a case. he has to voluntarily give up his rights. the judge won't even let him do that unless there is another man to pick up the slack. you will always get child support if you have full physical custody. legal custody has no impact on the child support.

Answer 6

Unless the children are in true danger with him, this is such a bad idea. Divorce is hard on children, but children need to see both of their parent as much as they can. This is not their fault. And trust me, once you are a single mom you will look forward to the time they are with their Dad. I am a single mom of two children. I love them dearly. I also love the time they are with their Dad. They need him and I need time to rejuvinate myself. I have gone some stretches when they have not spent any over night time with their Dad for 4 - 6 weeks (he travels a bit) and I am absolutely exhausted for some down time by the time things get back to normal. So you may hate him now, but you will love the free babysitting later. And no matter how lowsy you think he is, your children will always need to love their father. Now, if they are in real harm, not just difference in parenting theory, then your desire is correct.

Answer 7

Well there are always three sides to a story, yours, his and the real story....i am sure if he signs over his rights he still has to pay child support...just will not have rights to see his kids make decissions in thier lives....not sure what all the details are but if your just being mean and stomping your feet and hurting, and by this trying to hurt him...you need to stop..it only hurts the kids.....you have allot to deal with, emotions and transition...seems to me not good to burn bridges unless he is abusive to the children and you have concerns...a court will decide what is best....a third party that is not in the middle of it that can look at it objectively....good luck

Answer 8

Winnie, I wish I could have given you 2 'thumbs up'!! Great answer.

Lady, you can't, and shouldn't, force their father out of their lives. In the end the children will be hurt the worst. I don't care how much he hurt you, he is still the father of those children and not even God himself can change that fact. And no matter how much he hurt you, the children had nothing to do with it, you can't punish them for that. That is just wrong.

Answer 9

No it's not the same... if he give up his rights.. that's like saying that he's not their father and he has no responsibility to them... you having full custody is totally different... meaning that he's their dad, he pays child support...etc.. I doubt if he'll sign over his kids to you ( meaning give up his rights)...

Answer 10

In most states, giving up all rights also means giving up all responsibility. Therefore, no child support is required. Follow advice of your attorney.