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Home > Law > Family Law   »   unwanted boys

 
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Old Oct 28, 2008, 07:16 PM
lagranoui
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unwanted boys

My x-husband and i were married for ten and a half years. We had a son together and he took on responsibility of my son I already had. We began dating when I was five months pregnant. The bio-father left Ontario with my best friend and I never heard from them again.
I was eighteen living at my moms i went on social assistance and he agreed to pay child support for my son. He submitted a letter signed agreeing to take responsibility. We separated and went to court. My x-husband told the judge that both boys are his and he will take financial responsibility and wants visitation. We also agreed on joint custody with an order to reside with me the mom. I have currently remarried. My husband is only called by his name. We maintain the boys already have a father and he is not looking to take his place. We have a daughter together. He is good to my boys. My x-husband has been seeing his boys every other weekend and paying support for the last three years. Until he met someone recently, and now he does not pay support and does not see our boys. We went to court to put a hold on over night access until he has room for the boys. We agreed on it. In court my x told the judge he wants to relinquish all parental responsibility of the boys and have no contact he want a fresh start. I cried. I could not imagine telling my boys that there dad does not want them.
He up until two months ago was still coming by and calling every night to say good night. These boys are 13 and 9. Can he do that?

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Old Oct 28, 2008, 07:31 PM   #2  
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And I would guess the Judge just laughed at him, and told him he could not just give up his rights, and you filed a motion to have him held in contmpt of court for not paying his child support properly ???

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lagranoui agrees: The judge said she could not grant his wishes in good concious and gave him a month to reconsider
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Old Oct 28, 2008, 08:27 PM   #3  
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Well no he can't just stop supporting his kids financially. But he also can't be forced to have contact with them. He can cut off contact and quit talking to and seeing them but he will still be held responsible for child support. I'm not entirely possitive but I'm pretty sure Canada law is basically the same as U.S. law about the judge basically not allowing tpr unless for adoption purposes or if the parent is a danger to the child.

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lagranoui agrees: He can give up his rights but I have learned it is permanent but not often granted by a judge without reason. Money does not take the place of a dad
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