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cadreamer22 · Apr 13, 2009, 11:23 AM

I was wondering if my daughters father signed over his rights does that mean that he doesn't have to pay any support. Right now he hasn't paid anything but the paperwork for it is a little slow so I was going to ask him to sign over his rights and Im pretty sure he will but I just want to know if he does, will that mean he doesn't have to pay anything. I know that if he doesn't have to pay anything then he will cooperate a little better and I know its in the best interest of my daughter!! Thanks!

CallMeBel · Apr 13, 2009, 11:34 AM

If he gives up all parental rights to the child, he no longer has any legal ties with the child. Meaning he will not have to pay child support.

ScottGem · Apr 13, 2009, 11:40 AM

First, he can't just give up his rights. Only a court can terminate parental rights and courts arer very reluctant to grant a TPR. Generally they will only do so to clear the way for an adoption or if the parent is a danger to the child.

You don't have to ask for child support if you don't want to, but if you ask for state support they will require it.

I also don't understand you thinking he will cooperate if his rights are terminated. If he rights are terminated there is nothing to cooperate with.

State laws do differ, some states terminate both rights and responsibilities, others only rights. But a court will not grant a TPR just to allow the parent out of paying support.

So you need to think differently.

CallMeBel · Apr 13, 2009, 11:44 AM

I misunderstood then, I thought she was meaning he was giving up rights to another person(i.e. new husband adopting). If that is the case; he has no more obligation to pay any new child support, only backed child support.

ScottGem · Apr 13, 2009, 11:48 AM

Originally Posted by CallMeBel

I misunderstood then, I thought she was meaning he was giving up rights to another person(i.e. new husband adopting). If that is the case; he has no more obligation to pay any new child support, only backed child support.

Nothing was mentioned about adoption. She only wanted to get him to "cooperate" more.

cadreamer22 · Apr 13, 2009, 12:38 PM

Originally Posted by ScottGem

First, he can't just give up his rights. Only a court can terminate parental rights and courts arer very reluctant to grant a TPR. Generally they will only do so to clear the way for an adoption or if the parent is a danger to the child.

You don't have to ask for child support if you don't want to, but if you ask for state support they will require it.

I also don't understand you thinking he will cooperate if his rights are terminated. If he rights are terminated there is nothing to cooperate with.

State laws do differ, some states terminate both rights and responsibilities, others only rights. But a court will not grant a TPR just to allow the parent out of paying support.

So you need to think differently.

I have talked to 2 different lawyers and if he is willing to give up his rights then it is possible and he has already cooperated with a lot so Im not sure what you mean. Especially if I have a lawyer then it will help things go a little smoother, if not he is an unfit dad and deals drugs so Im not worried either way his rights will get terminated! Thanks for your advice I do appreciate it!

CallMeBel · Apr 13, 2009, 12:54 PM

So are you saying he is signing over all rights as a parent, or signing over full custody to you?

ScottGem · Apr 13, 2009, 02:12 PM

Originally Posted by cadreamer22

I have talked to 2 different lawyers and if he is willing to give up his rights then it is possible and he has already cooperated with a lot so Im not sure what you mean. Especially if I have a lawyer then it will help things go a little smoother, if not he is an unfit dad and deals drugs so Im not worried either way his rights will get terminated! Thanks for your advice I do appreciate it!

Frankly, I would run from any lawyers that are telling you that you can get his rights terminated. They are just looking to soak you for billable hours.

It is VERY difficult to get a TPR, even a voluntary one unless its to clear the way for an adoption or because the parent is a danger to the child. Dealing drugs might help, but I doubt it. More likely it will allow you to get supervised visitation rather than a termination of rights. A court is not going to grant a TPR to allow the parent to get out of paying support. So, if the laws of your state do allow for a TPR, then it will not affect his responsibility to support the child.

What you should be going after is sole legal and physical custody. You might be willing to grant supervised vists, but nothing more. You are more likely to get that than a TPR.

Fr_Chuck · Apr 13, 2009, 07:51 PM

Yes, you may get all vists taken away except for supervised if he is a threat to the child, he may sign that he does not want any visits and you have full legal and physical custody and he is asking for none, but that is not signing his rights away.

It is next to impossible to do that without some cause.

JudyKayTee · Apr 14, 2009, 05:32 AM

Originally Posted by CallMeBel

So are you saying he is signing over all rights as a parent, or signing over full custody to you?

Why? It doesn't matter. Unless the word "adoption" appears in the post, this is immaterial.

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