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-   -   Signing over rights what can we do (https://www.askmehelpdesk.com/showthread.php?t=64433)

  • Feb 19, 2007, 07:56 PM
    K A with questions
    Signing over rights what can we do
    My husband is being served with child support papers and he hasn't seen the child since he was born because she ran him off and told him to leave and not come back now she is wanting child support we are wondering if there is anyway he can just give up all his rights and that be the end of it because he hasn't been able to see his son at all and we live in another state now it's not that he doesn't want to pay child support it's because he don't see the reason of paying when he can't see his son and he threatened him if he even tried what could he do. Should he get a better job and try to get custody so he can he part of his life thanks
  • Feb 19, 2007, 08:05 PM
    Fr_Chuck
    Ok, he can give up any rights, ( visitation, custody) anytime he wants,

    He can not give up any obligations, if you can stop paying child support, there would not be 1000's of people in jail for not paying, if they could just not pay.

    Giving up rights has nothing to do with stoping paying child support, the only way he could do that is if the child's mother remarries and the new husband wants to adopt the child.

    He needs to work out the best payment he can, and work on visitation and leave up to the obligations he has.

    And so what that she told him to not come back, he should have fought to see his children not be run off, he had the right to go to court all this time for visitation if he wanted it.

    I would really be concerned being married to a man who does not want to pay his obligation on his children, if he does not for this wife, what would he do for you if that happens.

    And who cares if she does not want him to visit, he goes to court when this is happening and get set days for visitation.
  • Feb 19, 2007, 08:14 PM
    K A with questions
    He would have came back and fought to see his son but every time he tried she had her family run him off and threaten to kill him they even chased him down the road. And we live in South Carolina she lives in Florida it would be kind of hard for him to have visitation it would be hard on work to drive 14+ hours when ever he would have visitation every week month however the court sets it up
  • Feb 19, 2007, 08:14 PM
    talaniman
    Child support will have to be paid regardless and giving up his rights is strictly up to a judge and you better have a compelling reason or it will be denied. Child support and visitation-are also set by a judge so look forward to going to court, but in the long run that's the best thing. Economics should not be a consideration when seeking custody only will the child be in a stable loving home. Nowadays men men are seeking custody, so his chances are really not that bad. On a closing note he should do whatever he can to have some sort of relationship with his son as evry kid should know their father.
  • Feb 19, 2007, 08:24 PM
    Fr_Chuck
    And I am sorry if I sound hard about this, but we get about 3 people a night wanting not to pay their child suport, and think there is some way out of it.
  • Feb 20, 2007, 10:04 PM
    totallycrazy
    Check with a lawyer. I know someone personally, This is a woman. Who gave up all her rights to the child, meaning she had no obligations either. She does not pay child support.
    When the father remarries, the new wife can adopt after a certain amount of time. The courts will not need anything from the mother cause she already signed away her rights.
  • Feb 21, 2007, 06:41 PM
    mastone
    It sounds like he wants to give up his rights because he doesn't want to pay child support. He doesn't want to pay child support because he doesn't get visitation? He doesn't want to pursue visitation because it would be a hardship because it's a 14+ hour drive? Are you sure he wants to see this child?. because legally he is entitled. Further, my friend filed for visitation for his daughter and the arrangements were that she lived with the mother during the school year and with him during the summer and every other Christmas (or something like that with the holidays). So the visitation arrangements don't necessarily have to be "every other weekend" or something like that if you're just trying to make it convenient.
  • Feb 22, 2007, 09:27 AM
    isabelle
    A father can voluntarily terminate his parental rights, but it is up to the court whether that will end the child support obligation. The court will look to the mother's input on this in most cases. If the mother is agreeable to that, the court likely will be. But if the child has received public resources, support will likely be ordered paid to recoup the amount of public expenditure on behalf of the child. And in some cases, the judge may decide to require the payment of child support anyway.

    I lost the link where I found this.. sorry
  • Aug 9, 2008, 09:35 AM
    bluejeangal
    Just question: WHY?
    Why does he want to give up his right to be a father to his son?
    Why does he not want to help provide essentials for his son?
    Why does he not want to pursue a relationship with son?
    Why not want to show his son that no matter that his parents are not together, he is still important and loved?

    Time, distance, and financial ability is no reason to give up rights and no reason to make HIS son feel that his own father doesn't think he is worth the time, expense and or love he is entitled to.

    It isn't the child's fault. He was brought into this world by 2 people who should have had his best interest at heart but sounds like 2 people who are just looking for what they feel is best for THEM.
    If a man is willing to just turn his back on his own child/his own creation, what is to say he won't do the same to any child you may have with him/or for yourself when you are no longer important to him.

    Sorry, this is just my thoughts and in no way a legal opinion, but someone who has had it to happen to her children by their father and any relationship with a parent is better than no relationship at all. He will still be obligated to pay support, as the state and mother should not have to bear that burden alone and a judge will look at it that way also.

    I feel you really need to take a longer look at his real reasoning for not wanting to have his son in his life. Inconvenience, money, time, love? What of future children?

    Good luck!
  • Jun 25, 2009, 04:17 AM
    custodyjess

    What is the difference legally between temporary custody and full custody of a child
  • Jun 25, 2009, 04:21 AM
    custodyjess
    How do I get custody of a grandchild when the parent agrees?
  • Jun 25, 2009, 04:25 AM
    custodyjess
    [QUOTE=custodyjess;1817935]How do I get custody of a grandchild when the parent agrees? Is there a way I can do the legal part myself? Is there a cost?
  • Jun 25, 2009, 04:35 AM
    N0help4u

    No child custody and child visitations are two separate things legally you can not use them against each other.

    They go to court and file for support. You (your husband) go to court and file for visitation rights.
  • Feb 11, 2011, 06:57 PM
    mommyof6
    I think if a mother denies a father from seeing his child she should not want his money either and father should not have to support child either

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