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    aboyden's Avatar
    aboyden Posts: 1, Reputation: 1
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    #1

    Jan 11, 2007, 05:44 PM
    Parental Rights and Child Support
    My ex hasn't made any attempt to show me that he cares about our 2 month old daughter and now he said that he would sign over his rights. I just turned in the child support order so should I tell the courts that I don't want child support now if I don't want him in her life and he doesn't want to be in her life? Can he later get his rights back if he pays child support? Where would I go about doing this?
    s_cianci's Avatar
    s_cianci Posts: 5,473, Reputation: 760
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    #2

    Jan 11, 2007, 06:23 PM
    It's not your option to tell the courts that you don't want child support. That money is for your daughter and you don't have the right to deprive her of that. The father can assert his rights at any time, whether he pays child support or not, by going to court and filing a motion for visitation. Once it's granted you'll be bound to it. For example, the court may rule that he gets your/his daughter every other weekend. You'll then have to be prepared for that to happen. You'll have to drop her off or have her ready to be picked up at the agreed-upon (or court ordered) time and you'll have to pick her up or be prepared for her to be dropped off at the time specified in the order. Of course, if he doesn't likewise comply, then he can have his rights limited or suspended. For example, if he's supposed to pick her up at 5:00 PM every 2nd and 4th Friday and fails to do so, then you've got grounds to request that his rights be curtailed or suspended.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,292, Reputation: 7691
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    #3

    Jan 11, 2007, 07:05 PM
    First it does not matter if he visits or not, he can also sign away any of his "rights" he wants to, but he can not ever sign away his obligation to pay child support unless you are getting remarried and have a steop parent to adopt.

    The state has a obligation in the child support also, since at some point if you get welfare and he is not paying his child support up to date they can go after him to get paid back on their welfare they pay out.

    So No first you can't decide if he is in her life or not, that is only his choice and that of the court, the longer he stays out, the less he may get latter, but in 10 years he can come back for visitation if he wants to, no matter what he does right now.

    So even if he does not pay child support , he can always come back if he wants to.

    So file for support and collect it, and use it for your daughter. This money is your daughters, not really yours anyway. To not get it is cheating her out of what is hers.

    As for the EX, he can come back for visits anytime he wants no matter if he pays or not.
    firebird65626's Avatar
    firebird65626 Posts: 1, Reputation: 1
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    #4

    Apr 6, 2011, 07:10 PM
    Whether he pays child support has nothing to do with whether he can come back into her life at a later time. But if he does terminate his parental rights then he will not have the option of ever coming back into her life. Even if he is paying child support at the time. That is because he would be giving up that right when he terminated.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #5

    Apr 7, 2011, 09:00 AM
    Quote Originally Posted by firebird65626 View Post
    Whether or not he pays child support has nothing to do with whether or not he can come back into her life at a later time. But if he does terminate his parental rights then he will not have the option of ever coming back into her life. Even if he is paying child support at the time. That is because he would be giving up that right when he terminated.
    The original post is from Jan 11, 2007 and the OP has never returned back:):):)

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