My boyfriend has been having problems with his sons mother for the past 14 years. He has not been able to see his son for the past 12 years and when he tried to see his son in the first 2 years she made it very difficult and even moved over 200 miles away to prevent him from seeing his son. Even when a visitation was arranged- after driving 2 1/2 hours- he was 10 min late and she left so he was not able to see his son for that visit. She has told the court that she offered for him to sign off his rights to his son. He has faithfully been paying his child support ever week($166.45) and is only slightly behind due to a motorcycle accident that he had.(she had him arrested for being behind on the child support 6 weeks after he had the accident). He has made many attempts with the courts to get visitation but she does not follow through on the orders from the judges. My question is-- If he agrees to sign off his rights will he still be responsible to continue to pay child support for a child he is not allowed to see? And if not is there a way to get a reduction in child support due to the mother refusing visitation?

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Originally Posted by sheilals75

My boyfriend has been having problems with his sons mother for the past 14 years. He has not been able to see his son for the past 12 years and when he tried to see his son in the first 2 years she made it very difficult and even moved over 200 miles away to prevent him from seeing his son. Even when a visitation was arranged- after driving 2 1/2 hours- he was 10 min late and she left so he was not able to see his son for that visit. She has told the court that she offered for him to sign off his rights to his son. He has faithfully been paying his child support ever week($166.45) and is only slightly behind due to a motorcycle accident that he had.(she had him arrested for being behind on the child support 6 weeks after he had the accident). He has made many attempts with the courts to get visitation but she does not follow through on the orders from the judges. My question is-- If he agrees to sign off his rights will he still be responsible to continue to pay child support for a child he is not allowed to see? and if not is there a way to get a reduction in child support due to the mother refusing visitation?

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The simple answers are no and no.

What state is this taking place in ? Also why hasn't your son been more proactive in fighting for custody if he really wants to see his child. If she isn't letting him see the child per court order then she can be held in contempt. She is the one that should be going to jail. Parental alienation is a seviere crime in most courtrooms when it can be proven.

What he needs to do if he wants to see the kids is go back to court to have her held in contempt for not allowing the court ordered visitation. If for whatever reason he dosen't have any court ordered visitation then he needs to file for it. He can not just sign away his rights unless she is remarried to a man that wants to adopt.

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Originally Posted by califdadof3

The simple answers are no and no.

What state is this taking place in ? Also why hasnt your son been more proactive in fighting for custody if he really wants to see his child. If she isnt letting him see the child per court order then she can be held in contempt. She is the one that should be going to jail. Parental alienation is a seviere crime in most courtrooms when it can be proven.

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We are in Indiana. On the many times that he has gone to court when she is asking for more money, He brings up to the judge that he still has not been allowed to see his child and the response from the judge it that he will need to set a separate court date for that. In the county that all of this has taken place in- if you are the father and behind in payments- you're a deadbeat! It can be proven that she is refusing visitation- we even have a letter that she sent to the same judge stating that she has offered for him to sign off all rights to his son! That is why I am questioning about continuation of child support. I wish she could just as easily be thrown in jail as he was! I appreciate your response but constantly returning to court for no results and no reprecussions for her actions is just getting frustrating! Thanks!

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Originally Posted by stinawords

What he needs to do if he wants to see the kids is go back to court to have her held in contempt for not allowing the court ordered visitation. If for whatever reason he dosen't have any court ordered visitation then he needs to file for it. He can not just sign away his rights unless she is remarried to a man that wants to adopt.

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I don't see his child's mother getting married- (they were never married)! If she does I wish to shake his hand for being such a brave soul! I look at it this way.. we have all the info that the child will need when he does decide he wants to meet his dad to let him know that his dad tried but the mother prevented them meeting. Unfortunately, I think everything will blow up in her face. I guess only time will tell. Thanks!

So did he ever have visitation ordered by the court? Because if he does as I said and take her to court for contempt sure she will get a warning first but she can be put in jail just as easily. It is true he has to have a separate court date for visitation he should have known that from the beginning because he has to file for it. So before I go on any further (I have a good handle on Indiana) did he ever file for visitation?