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    DeCo10's Avatar
    DeCo10 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 27, 2009, 02:59 PM
    Can father agree to surrender full custody rights to the mother of child?
    My question is Can my daughters father consent full custody to me with out going to court?

    My daughter is going to be 2yrs of age, I am the sole caretaker of her. I have provided everything to my daughter with out the need of her father. We were never married and she does not have his last name. Even though he does see her once in a while that is when I take her to see his family. For the reason that the grandparents want to have a part of her life. He other wise does not show any interest in her well being.

    I am in speaking terms with him and I have agreed for him to see her when ever he wants. I know that at this point he does not have any legal right towards her for he has not shown or established paternity.

    But I would want him to sign a document and get it notorized stating that he declines his rights to custody. Just in case he does one day want to take my daughter away. Is this possible can He sing his rights of custody to me even if he at this point does not have any legal obligation.

    He has already mentioned that if I ever start a new relationship with another person he will want custody of the child and will go to court and do what is needed to have her too. I truly don't believe this is fair and would want to avoid all this ordeal ahead of time.
    stevetcg's Avatar
    stevetcg Posts: 3,694, Reputation: 353
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    #2

    Jan 27, 2009, 03:03 PM

    You can have him sign anything you want, but it will never hold up if some day he goes to court with a change of heart.

    Sorry that he is trying to use your child as a pawn, but frankly, he is the father and will be entitled to the rights and responsibilities that goes with that should either of you pursue them.

    No - he cannot sign his rights over to you.
    cdad's Avatar
    cdad Posts: 12,688, Reputation: 1438
    Internet Research Expert
     
    #3

    Jan 27, 2009, 04:37 PM

    I didn't see any mention of child support ? At this time it would be best to go to court and establish both child support and visitation. At that time the courts would request a DNA test be done. Get those things straightened out now.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #4

    Jan 27, 2009, 04:48 PM

    I would check with a local Family Law attorney. There may be a statute of limitations as to how long he can try to establish paternity.

    As Steve said any such paper he signs will not hold up in court.

    And he is blowing smoke if he thinks he would get custody in the future because you enter into another relationship.

    Unless he can show somehow that you are unfit as a parent, he's not going to get custody changed.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,303, Reputation: 7691
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    #5

    Jan 27, 2009, 05:01 PM

    He is doing the threatening to take the child, so he scares you into not asking for child support,

    This is so common, read about every 5 th child custody post and you see something similar.

    What you need to do, is get court orders, you need to get a court order showing sole legal and physcial custody, and he then does not have to ask for child visit. The court will set the state required support

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