My son's father mailed me complaint for visitation papers claiming they were from domestic relations and when I took the papers in to ask about them I was told they were not mailed from their office. The following week I get papers from domestic relations telling me that my son's father is petitioning to have his child support terminated and his arrearages expunged. I don't know whether to just sign the paper allowing that to happen, or if I should go to court and try to fight him and the system. It seems wrong for him to be relieved of his parental responsibilities, but the fact that he's going to be incarcerated for the forseeable future and I don't really want him to be a part of my son's life anyway, why shouldn't I? If I allow this to happen, then I can go file for full custody of my son and once I get it, he won't have rights at all. His name isn't even on my son's birth certificate. Please help! I don't know what to do.
2007-09-13 15:53:15 · 3 answers · asked by Holly 1 in Politics & Government ➔ Law & Ethics
Hire an attorney to review the papers and advise you.
Incarcerated or not - child support prevails.
2007-09-13 16:03:12 · answer #1 · answered by Dionannan 5 · 0⤊ 0⤋
No absolutely not, He won't be granted it. And if you do it relieves him of all his past debt. If it ever goes to court for custody the judge will see that he owes nothing (which is good for him) and he will also be able to claim your son on taxes (if hes not in jail naturally) and if he is going to jail hes gonna lose his rights more than likely anyways. Do not give the debt up. It will always look bad against him if he tries to fight you in court over anything.
2007-09-13 23:04:24 · answer #2 · answered by Sebring6969 2 · 0⤊ 0⤋
Don't sign anything. None of what he wants is going to happen. His incarceration will only cause him to become more in arrears. Even if you signed the papers, he could still fight your custody battle and owe you nothing.
2007-09-13 23:13:28 · answer #3 · answered by sensible_man 7 · 0⤊ 0⤋