View Full Version : My ex wants to sign over his rights what is the best way to go about this?
Tally12
Jun 5, 2013, 10:56 PM
My ex want to sign over his rights mainly Bc he don't want to pay child support, and is afraid that he will end up getting arrested Bc he won't be able to keep up with that child support payments.
He has a been in trouble with the law before and has to register as a sex affender for having sex with a minor. So I believe I could have his rights involuntarily taken from him, but I don't want to go that route if I don't have to. He has nothing to do with our daughter. He don't call to ask about her and when we were together he acted weird around her and didn't know what to do with her or how to take care of her. He moved away to another state to avoid getting arrested for not registering as a sex affender. She is now 18 months old and don't know him at all. She calls my current boyfriend daddy and he has done more for her than my ex has.
Do I need to wait till me and my boyfriend get married before we proceed trying to sign his over or removing then? I have thought about just making him pay child support till my boyfriend and I get married and then going for the involuntary removal of his rights.
Please who do I need to talk to and what do u think?
Fr_Chuck
Jun 5, 2013, 11:10 PM
The best way, is for you to marry the current boyfriend, I( should be anyway, before child is calling him daddy) but be married for one year, then have new husband go to adopt child.
No, just having sex with a minor ( esp if the minor was 14 or 15) is not enough normally to get his rights taken away, and he can almost never just sign his rights away, to get away from paying child support.
The best way, (if it is even possible) hire a very good attorney, to represent both of you in court and file for it.
ScottGem
Jun 6, 2013, 03:12 AM
There is a myth that a parent can just sign over their rights, but its only a myth. Only a court can terminate parental rights and courts are very reluctant to do so. They will not do so, just to let a parent out of paying support. If you even when to court at this time, they would say he's not exercising his rights so what would be gained by terminating them?
The answer to that question would be so her step father can adopt her. And since she doesn't have a step father yet, that wouldn't be an acceptable answer. So you wait. Until you have been married long enough for him to qualify for a step parent adoption and you have your attorney file for adoption. As part of the adoption paperwork the bio father will be allow to relinquish his rights.
Since he already wants to do so, it shouldn't be a problem.
Tally12
Jun 6, 2013, 09:33 AM
Thank you for the answers. From what I had looked up that is what I had though but wasn't sure. And the minor was 13 and he was 19. But your answers were very helpful.
Tally12
Jun 6, 2013, 09:35 AM
The best way, is for you to marry the current boyfriend, I( should be anyway, before child is calling him daddy) but be married for one year, then have new husband go to adopt child.
No, just having sex with a minor ( esp if the minor was 14 or 15) is not enough normally to get his rights taken away, and he can almost never just sign his rights away, to get away from paying child support.
The best way, (if it is even possible) hire a very good attorney, to represent both of you in court and file for it.
The minor was 13 while he was 19 but thank u very help full
Tally12
Jun 6, 2013, 09:45 AM
There is a myth that a parent can just sign over their rights, but its only a myth. Only a court can terminate parental rights and courts are very reluctant to do so. They will not do so, just to let a parent out of paying support. If you even when to court at this time, they would say he's not exercising his rights so what would be gained by terminating them?
The answer to that question would be so her step father can adopt her. And since she doesn't have a step father yet, that wouldn't be an acceptable answer. So you wait. until you have been married long enough for him to qualify for a step parent adoption and you have your attorney file for adoption. As part of the adoption paperwork the bio father will be allow to relinquish his rights.
Since he already wants to do so, it shouldn't be a problem.
I understand that the courts have to be the ones to terminate a parents rights and that it just can't be signed over just like that. Thank you for your answer from what I had looked up that is what I had figured but was not sure. Very helpful. Now I can quit trying to wrap my head around legal jumble lol
ScottGem
Jun 6, 2013, 09:50 AM
Glad to assist. I would start shopping around for an attorney before you get married. The attorney can advise you on local laws and when you can officially file the petition.
Tally12
Jun 6, 2013, 04:49 PM
Glad to assist. I would start shopping around for an attorney before you get married. The attorney can advise you on local laws and when you can officially file the petition.
Ok I will thank u