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Hsatterfield · Jan 4, 2011, 08:32 PM

I'm pregnant and I'm wondering if the father wants if he can just sign over full custody to me without even going to court. He wants to give up his rights so I see no point in going to court.

excon · Jan 4, 2011, 08:36 PM

Hello H:

You will have full custody automatically if he chooses NOT to enforce his rights... So, you don't need to go to court for that... But, he CAN'T give up his obligations, no matter how much he OR YOU want him to... He IS obligated to support his children, and you may ALWAYS file for child support...

Or, you don't have to... But, it's a LOT of money over 18 years... I don't know WHY you would turn it down..

excon

adthern · Jan 11, 2011, 08:16 AM

Hey EX, the only aside to that is that with child support comes the right to custody/visitation. If she wants to avoid any chance of his having visitation/contact for whatever reason, she could opt not to enforce child support.

I believe in most jurisdictions the court can, after a petition from the state child welfare agency, terminate parental rights, though that is for either neglect or abuse generally (and abandonment).

excon · Jan 11, 2011, 08:22 AM

Originally Posted by adthern

Hey EX, the only aside to that is that with child support comes the right to custody/visitation.

Hello again, Ad:

Nope. They're not linked. Besides, he already HAS the right to visitation. Being forced to pay child support doesn't change that at all. Plus, if the father NEVER takes advantage of his rights, it makes no sense to try to remove them.

excon

adthern · Jan 11, 2011, 08:28 AM

Hey ex,

I don't know about your jurisdiction, but generally and specifically here in MA they are most definitely linked. If parent A pays support to parent B, they are granted rights of visitation. If parent A does not pay support (not ordered) they may still have visitation, though unless ordered by the court it is at the mother's discretion (that opens a whole kettle of worms). If A is ordered to pay and fails to pay, visitation can/will be suspended.

At this point for the OP it sounds like with no court involvement she has what she wants, he agrees he doesn't want to be involved and she doesn't want him involved. The choice is hers at this point, involve him or not, but she likely can't chose to get money from him and exclude him from being involved.

ScottGem · Jan 11, 2011, 08:35 AM

There is a sticky note at the top of this forum that answers this: https://www.askmehelpdesk.com/family...st-116098.html

Somehow this myth has been propagated that a parent can just sign over the rights. Its not true. Only a court can terminate parental rights and courts are very reluctant to do so.

You will, by default, have full custody. For him to have any rights he has to go to court to enforce them. If you apply for public assistance, the state will require that you identify the father and they will go after him for support. While support and custody/visitation are not tied to each other. Once he has been declared the legal father (required for support) he can file for joint custody and visitation and will probably get it.