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    spiffyris23's Avatar
    spiffyris23 Posts: 11, Reputation: 1
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    #1

    Mar 3, 2008, 11:10 AM
    Father wants to give up rights to son
    Hello, I received a call the other day from my child's bio daddy. He had asked if he could give up his parental rights to my son, and have me stop child support payments. This I have been hoping for for almost 2 years. My son's bio daddy really doesn't want anything to do with him and my future husband would like to adopt him. My real queation is? Where abouts do we go to find the papers so bio dad can sign over his rights? Who has to file? My son's Bio dad lives in Arizona, my son was born in Arizona, but myself and my son now live in Ohio. I would like to get this over with as quick as possiable, stop payments and move on with our lifes. Help!! Thanks.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Mar 3, 2008, 11:32 AM
    Not going to happen. The courts (you need to file in Ohio) are not likely to terminate rights until there is an adoptive parent ready to take over. So you will need to get married first and maybe wait for a time after that to file the adoption petititon. The TPR will be a part of the adoption petition.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Mar 4, 2008, 08:52 AM
    I'll believe that when I see it done. Despite what you were told it ain't that easy.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Mar 4, 2008, 09:16 AM
    If and when the adoption is ready to take place the attorney for the adopton will file paperwork to allow him to give up his rights and no longer owe current payments ( it does not get rid of past due support)

    The courts will not allow him to get out of paying support unless the adoption is ready to take place. He may be allowed to sign over his rights ( although I still doubt that) but he will not get out of his legal liablity for the child until the adoption takes place.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Mar 4, 2008, 09:39 AM
    As Chuck noted, he may be allowed to give up his rights that easily, but not both the rights and responsibilities.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Mar 4, 2008, 09:54 AM
    I do understand a couple of states may allow it, but not fullly, if the child would receive any welfare, the state will still hold the bio father liable normally for some repayment.

    But it is not easy, and most judges do not let fathers out of their obligations.
    spiffyris23's Avatar
    spiffyris23 Posts: 11, Reputation: 1
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    #7

    Mar 4, 2008, 11:00 AM
    Any past arrears owed, any stae money owed, and any state assisted helth care a portion he would be responsible for. But as for regular support as of the date the paperwork goes through and all rights to the child are gone.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Mar 4, 2008, 11:16 AM
    Quote Originally Posted by spiffyris23
    any past arrears owed, any stae money owed, and any state assisted helth care a portion he would be responsible for. but as for regular support as of the date the paperwork goes thru and all rights to the child are gone.
    We aren't disputing that. Yes, that's the way the law works in some states. But don't think its just a matter of processing paperwork. If it were that easy, dead beat fathers would be doing it all the time. But a judge has to grant the TPR and getting a judge to do that is not going to be that easy.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    Mar 4, 2008, 11:19 AM
    Quote Originally Posted by spiffyris23
    any past arrears owed, any stae money owed, and any state assisted helth care a portion he would be responsible for. but as for regular support as of the date the paperwork goes thru and all rights to the child are gone.

    I do not understand why you continue to post and then argue with the people who answer you. If you have all the answers, then why are you posting in the first place?

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