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View Full Version : Can I get my children dad to sign over his rights"


aliciab225
Dec 26, 2011, 03:58 AM
I'm a single mom of two children and. I have a child support order for one child in the State of Georgia. Due to our divorce decree he as suppose to pay a cerain amount and Never did. Then our second child came about after we were divorced. I put her on child support and Connecticut claimed they mailed me a court date but, I never received the date. In 2011 My children and myself moved to Conyers Ga. I filed for abandonment which Georgia had issued a warrant for his arrest and at that time he as on probation for the State of Connecticut and nothing happen. He got off probation. He will hustle in the street, get money from other family members but will not give me a dime for our chidren intentionally. Nor is he trying to find employment. Now because I don't want to be in a relationship with him he won't call or speak to the kids, nor give me any money for the children. Next month I will be making over $60,000 a year and I just want him to sign over his rights, change my children last name from his to Maine. I just want to legally held me responsible and never involve him in anyhing. He's being hateful and hurtful to me and my kids. Can I do this in what forms will I need from the State of Georgia?

cdad
Dec 26, 2011, 05:59 AM
If there is no adoptive father in the wings to take his place then no you can't have his rights/responsibilities removed.

ScottGem
Dec 26, 2011, 09:07 AM
There is this myth that a parent can just sign over their rights. But that's all it is, a myth.

You should read this sticky at the top of this forum:
https://www.askmehelpdesk.com/family-law/signing-over-rights-read-first-116098.html

It explains the circumstances where you might get his rights terminated.

Fr_Chuck
Dec 26, 2011, 09:56 AM
There are no forms so it is not possible.

It sounds like you are not using an attorney.

His warrant for child support may not violate his probation, I know it is not right but they view this as a civil issue still not a criminal one although he could go to jail.

Next unless you are remarried in Georgia for at least a year, and that parent wants to adopt, he can not sign over rights for an adoption, that is the only reason for signing over rights.

In Georgia, merely not paying support or not visiting , they are not reasons to take rights away. If he had long term prison sentence or a few other issues his rights "may" be taken away but it is not automatic and you have to go to court.

The issue with the warrant here in GA, is that they are not going to pay to transport him back from CT. so even if he is stopped there, they hold him and then release.

Next unless he holds a real job, there is no way to get the money from him.

It sounds like he is not visiting and you have no contact with him, so taking away rights he does not use serves no real purpose.

Side note, changing their last name also requires his permission.

How is he being hateful, if he does not see or visit with the kids?

aliciab225
Dec 26, 2011, 04:30 PM
He's being hateful and hurtful because as long as I'm with him he would call his kids and visit but now I'm tired of his constant cheating and decided to move on and now he has no contact with them. He use to buy them Christmas, and birthdays. He use to call on Holidays and Birthdays and now he's treating them like they don't exist to hurt me!!

ScottGem
Dec 26, 2011, 04:33 PM
now he's treating them like they don't exist to hurt me!!!

How does that hurt you? Hurts the children, yes, but not sure how it hurts you.

But in any case, did you read the info I linked for you?

No you can't get him to sign over his rights.

aliciab225
Dec 26, 2011, 04:37 PM
Any real parent that sees their child crying because Daddy won't call them when they want to speak to them. Daddy use to speak to them any time and you see your child upset or crying why isn't that hurting the mother. Seriously you really don't see how that Hurts Me! Typical man! I hate this damn site!!

Fr_Chuck
Dec 26, 2011, 04:41 PM
The issue here is a legal one and he is using the kids as a weapon to try to get you, so in return you wanted to take away his rights , to hurt him.

You can not make him visit, but you can file and try to get child support, you need to push on the warrant, try to get him in contempt again for the non payment

But you have what you wanted, he is not in their life, he is not calling and he is not visiting, so go on, just like he does not exist.

ScottGem
Dec 26, 2011, 06:20 PM
I'm sorry, that was a bit insensitive of me. Yes what hurts our children hurts us as a parent. But it is our job as a parent to help our children cope.

But that doesn't change the law. And the law is not going to allow the father to give up his rights or you to terminate them. And since this was posted under the Family Law forum, my answer WAS helpful in explaining the law to you.