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Home > Law > Family Law   »   giving up rights

 
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Old Jul 13, 2007, 11:18 PM
ferndog69
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giving up rights

I have been paying child support for 3 years for my son. The judge ordered that i had visitation rights every other weekend. She wont let me see him every other weekend and she will only let me see him when she is willing been to court a lot of times and still nothing. So i have came up with nothing else but to give up my right. how does it work and what does it really mean.

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Old Jul 14, 2007, 02:42 AM   #2  
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Ask her if she will give you the documents to sign your rights over. Does she have a new husband? If so, ask her to have him adopt the child. This should eliminate all obligations including the financial end.

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Old Jul 14, 2007, 04:57 AM   #3  
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You do realize giving up your rights means never EVER having anything to do with it again! No phone calls, no visits.....nothing. So in 5 years when you feel like you've made a mistake you will be able to do nothing about it. If you give up your rights, you will still be required to pay child support, your giving up your rights not your responsibility. The only way you will "get out of" paying child support is if she has someone to adopt the child in your absence.

You should file a contempt motion with the courts. She could go to jail, fined, or other things whatever the court deems fitting. If you do want to see your child, think about sending a certified letter with signature required stating you will be over her house at this day and this time to pick up the child and if she does not follow through she will be held in contempt, bring a witness with you. Do this twice and if she does not allow you to pick up the child as scheduled then file the contempt motion. You have rights, you are the father. Don't walk away, this isn't just about you and her this is about the child!!

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s_cianci agrees: Yep - this is the thing to do.
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Old Jul 14, 2007, 05:20 AM   #4  
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Hello fern:

In my view, our ONLY reason for being is to propagate. Since that is the most important job we have, indeed the ONLY job we have, I would work a little harder trying to do it, if I was you.

Besides, having sons is pretty cool.

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Old Jul 14, 2007, 05:39 AM   #5  
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You say you have been to court lots of times, what happens in court? I can't conceive of a judge letting her flout the court order like that. If she won't comply, the file for custody.

But giving up your rights is NOT the answer. All that does is remove yourself from influencing how your child is raised. It does NOT remove your responsibility to provide financial support.
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Old Jul 14, 2007, 05:45 AM   #6  
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Consider this...worst case sceanrio, but this is why you DON'T want to give up your rights.

Your child becomes deathly ill, needs an operation to live and your ex won't consent to the operation. You know your child will die without it. Now, since you gave up your rights, you have no other option but to attend the funeral.

On the other hand, You do not give up your rights and you can be assured that your child does get the necessary operation and rather than attending a funeral, you attend the birth of your grandchild.

You see, giving up rights means that you give up the right to make decisions about the health and welfare of your child. It does not relieve you of any financial obligations.
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Old Jul 14, 2007, 06:09 AM   #7  
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Rather than give up your rights, I'd take her back to court and ask that she be charged with the criminal offense of contempt of court and incarcerated ; just like what would happen to you if you didn't pay your child support. Of course, the child support issue really has nothing to do with it. She is guilty of contempt of court and should be punished under the law as a result.

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Old Jul 14, 2007, 06:13 AM   #8  
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Quote:
Originally Posted by excon
Hello fern:

In my view, our ONLY reason for being is to propagate. Since that is the most important job we have, indeed the ONLY job we have, I would work a little harder trying to do it, if I was you.

Besides, having sons is pretty cool.

excon
Lol. Yeah, had to spread it but why not? Spread the paint around, so to speak. It may mean another child to support, but consequently less $$ for this one.
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