he wants to sign over his parental rights to avoid paying child support. I have no experience with signing over parental rights - what does it do? Why would he opt to pay for a lawyer and pay court costs instead of just helping me take care of the our two children (5yo son/ 2yo daughter)? I'm a single mom.
2007-08-18 07:32:50 · 11 answers · asked by thirtytwo_characters_2_work_with 3 in Pregnancy & Parenting ➔ Parenting
he cannot just do that, it does not work that way, you are the one who would ask him to if for example you remarried and your new husband wanted to adopt, you cannot just give up your rights no judge would allow it also all deadbeat dads would do it, don't worry he cannot
2007-08-18 07:42:11 · answer #1 · answered by melissa s 6 · 3⤊ 0⤋
Sounds as if he wants out of the deal completely. Signing over his parental rights means that he will no longer have any legal rights to the children. Not only will he then get out of paying child support, but he can no longer see the children. It will be as if he was never their dad at all. Sounds as if he wants nothing more to do with the kids and is willing to give them up to have his freedom. Better off without him! By giving up his parental rights, you become the sole guardian of the children. If anything were to happen to you (say you got in an accident and died- sorry... not trying to kill you off, just a "what if"), your ex would not receive custody of the children, nor would he have any legal right to get them from a family member you deem the responsibility goes to. Lots of deadbeat parents pull this trick to get out of paying child support. Sneaky, selfish and dispicable.
This info may help you:
Termination of Parental Rights
Defined
A termination of parental rights means that the person who was the natural parent of a child no longer has any rights or responsibilities to that child.
Rights:
Rights regarding a child include the right to decide what kind of education, health care, religion, morals and values the child should have. Custody rights and visitation rights are also associated with children.
Responsibilities:
Responsibilities include the duty to provide food, clothing and shelter for the child, provide all necessary child support, daycare, etc.
A parent whose rights have been terminated has the same rights and responsibilities toward that child as a complete stranger. Such a parent is not responsible for any support, nor is that parent allowed to have any input or influence over the education, teaching and upbringing of that child. In fact, a parent whose parental rights have been terminated does not even have the right to see or contact the child.
There are two ways by which parental rights may be terminated.
Voluntarily
The natural parents may voluntarily consent to the termination of their parental rights, such as when an adoption is being permitted, and the child will live with new adoptive parents. Court approval is required for this kind of proceding.
Involuntarily
Parental rights may also be terminated involuntarily. To terminate these rights involuntarily, the moving party must demonstrate that the natural parent or parents have abandoned the child.
Abandonment is demonstrated by showing that the parent has, by conduct continuing for a period of at least six months, either evidenced a settled purpose for relinquishing parental claim to a child, or has refused or failed to perform parental duties. A petition to terminate parental rights may be filed by either parent, an agency supervised by the Department of Public Welfare and providing adoption services, or an individual having custody or standing in loco parentis to the child.
Note: As a general rule, courts are reluctant to terminate parental rights when one parent feels that another parent is unfit. Even if one parent has lots of flaws, courts are hesitant to simply relieve a parent of his or her duties to properly raise the child and pay for the child's expenses.
2007-08-18 08:35:32 · answer #2 · answered by dolphin mama 5 · 0⤊ 0⤋
From what has happened in my hubby's family in the past, even though he signs over rights that doesn't mean that he will get out of paying what he owes (back to the date it was scheduled to start) Unless you release him from that obligation and I wouldn't do that, unless you really want him out of your kids life)
The thing about him signing over his rights is that he will legally not have any rights to the kids, (no visitation, no say so in any aspect of their lives, you is basically not their dad anymore!)
Good luck hope things go the way you want them to!
AG
OHHHH by the way if you haven't already I would hire a lawyer, so you are represented well in court!
2007-08-18 09:15:13 · answer #3 · answered by omni4younc 1 · 1⤊ 0⤋
Most of the time the courts would not allow him to do this, not unless you had remarried and your new husband (of at least a year) were willing to adopt them as his own children. Also, generally, YOU would have to be the one to petition the court to have his rights revoked...he can't just do it because he doesn't want to pay his child support.
2007-08-18 16:21:07 · answer #4 · answered by missbeans 7 · 1⤊ 0⤋
because he is an a**hole! I would say just take him to court and let him tell the judge he wants to give up his duties - see what the judge says. If you need the support from him - fight it all the way. On the other hand, if you do not need his help, it might be worth it to get him out of your lives since it seems like he would not be an involved father anyway.
I am so sorry for your kids because they are the ones that will suffer in the long run no matter what the outcome.
2007-08-18 07:44:00 · answer #5 · answered by ShellyC 3 · 2⤊ 2⤋
he can't just terminate his parental rights...especially to avoid child support. It usually takes some reason like it would be proven harmful for the children to have him for a father. Or for someone else to adopt them...like a stepfather.
2007-08-18 10:03:20 · answer #6 · answered by Molly 6 · 0⤊ 0⤋
if you both sign them papers it means that he wants nothing at all to do with the child and he wont be forced to pay any thing against the childdont do it get legal advice now
2007-08-18 10:03:51 · answer #7 · answered by lady z 4 · 0⤊ 0⤋
Dont allow him to bail on being a father and or paying his child support. If you are receiving state aid he has to pay regardless.Like my ex father in law says "when you play you pay".
2007-08-18 08:30:24 · answer #8 · answered by Anonymous · 1⤊ 0⤋
he wants to sign-off on his children. he will never be able to see them again. i guess he doesn't care about them the way that he should and would rather pay to not have to give you any support ever again. that is pretty sad.
2007-08-18 07:44:32 · answer #9 · answered by Supermommy!!! 5 · 0⤊ 1⤋
are you on any state support?... my ex wanted to sign over his rights also and even tried but i was getting medical for my kids and the state wouldnt allow him to.....
2007-08-18 07:41:52 · answer #10 · answered by brookieboo 3 · 3⤊ 0⤋