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-   -   Giving up visitation rights without adoption? (https://www.askmehelpdesk.com/showthread.php?t=219475)

  • May 24, 2008, 08:09 PM
    qualitate
    Giving up visitation rights without adoption?
    My sister has a child by a person with several children already and each has a different mother. This person has abused her physically (my sister), has been in and out of jail for drug offenses and DUIs, currently has a suspended license and during their custody hearing was argumentative with a bailiff and a judge. He wanted to relinquish his visitation rights but was told he couldn't, because it was "in the best interest of the child." And that to pursue such they would have to make an appeal.

    Now, how is it possible that it is in my niece's interest that she have contact with an abusive drug using piece of trash who is 29 and lives either with one of his "baby mommas" or his grandmother depending on who kicked him out most recently? I think the simplest way to determine the best interest of a child would be to put yourself in his/her situation and ask if it would benefit you. I don't know, maybe the judge presiding over the case has some sort of fetish for physical abuse and drug use and thought my niece would enjoy it as well.

    Now, given the fact that the piece of trash sperm donor has an extensive criminal record and has been stabbed by the #%$%$ mother of one of his other children, do you think that after an appeal the loser would be able to give up his visitation rights? He has had nothing to do with my 18 m/o niece's life so far, and my sister wishes to ensure that that continues. Currently he has the right to supervised visitation once a month. Unfortunately, my sister's poor judgment, evidenced by the fact that she ever associated with such refuse, caused her not to get legal representation before the hearing, that and the fact that she's a single mother.

    Currently, my niece and sister live with our parents. Is it possible for my father to adopt her? If so, I'm sure that his income would exclude my sister and niece from the government assistance they're currently receiving. Honestly, at this point I've come to the conclusion that as her uncle I am going to have to be a part time dad for my niece and I just want what is best for her. This disgusting situation is happening in Texas.
  • May 24, 2008, 11:39 PM
    Mary108099
    I was trying to read and understand, OK... he wants to give him visitation? Since she doesn't get child support anyway, I would ask him to sign over his parental rights. If he does that she can do as she pleases with the child. Unfortunately our lovely systems sucks, and child support and visitation are considered two different things. I know its hard, I have a sister have three children, who's father just released from prison for molesting her child when she was 6 (his own daughter). Before that she never saw dime but yet he was granted visitation. She was already pregnant with the third child when we found out what he was doing to my niece. After the third child was born, and she went to court to get child support raised, the judge said there was NOT suffient reason to raise child support! My point is the SYSTEM SUCKS ! I have another sister who's sees child support whenever the loser gets a job, but he decided when my nephew was six that he wanted to give him his parental rights. How you can abandon a child is beyond me, but from what I understand to give up your rights you need the mothers consent because if he does that she will no longer be allowed to collect child support, not that it matters these dead beats don't pay anyway. So anyway, if he signs over his rights as a father, then anyone is free to be an adoptive parent.
  • May 24, 2008, 11:58 PM
    qualitate
    I'm sorry for not being clear. What happened was there was some sort of hearing to set up child support payments and he was also given visitation rights, though he did not want them and my sister did not want to give them to him. He showed up an hour late and drove himself to the thing on a suspended license. Once there he argued with the court and was threatened to be held in contempt. He wanted to give up his visitation rights, but was told he could not unless someone else was willing to adopt the child because it is apparently better to have a deadbeat dad than no dad at all.

    Since the loser does not have a job they set up child support based on minimum wage and he was ordered to pay something like $200 a month or less. I guarantee that he will likely never pay this. He can't afford to. He lives off "women" (a woman would not allow a person to do this, but a girl would) and cannot hold down a job other than drug dealing.

    The system does suck indeed. It is absolute lunacy that this idiot wasn't allowed to give up his visitation rights. I guarantee he will use them to get involved with my sister again and nothing else. It is ridiculous that they're forcing something like this, when instead they should be forcing sterilization on people like this, and quite frankly my sister as well. But what is done is done and I want the best for my niece and that's for her to have as little contact with drug dealing criminals. It is absurd that the legal system places this much value on an arbitrary DNA sequence.
  • May 25, 2008, 03:40 AM
    GV70
    I cannot see a problem here...
    Quote:

    Originally Posted by qualitate
    He wanted to give up his visitation rights, but was told he could not unless someone else was willing to adopt the child because it is apparently better to have a deadbeat dad than no dad at all.

    No one can force him to have visitation.
  • May 25, 2008, 06:28 AM
    Fr_Chuck
    Ok, so he has rights to visit, but if he never vistis, never comes to see the child what is the problem?

    The issue here is that he was most likely wanting to get out of paying child support, That he can not get out of, even if he gives up his visit rights. And this is why the judge would not allow it, he wants to force the man to pay his support.

    If he has been in prison for a felony, the mother can make a motion to have the rights taken away, but that he will have to still pay child support.
  • May 25, 2008, 08:09 AM
    Mary108099
    The problem is, it leaves him open to change his mind one day to try to win back the mother for his own sick needs. I know how this goes. Some women are just really stupid, and they THINK they love the man, and the minute the pretends to have interest again they go running back in HOPE he has changed his ways, STUPID actions like this is what got my niece moleted by her own father. Your best option now, is get child services involved. They suck when it comes to the system too, but a least the child is going to be looked over in a more legal form. Child support, he won't pay, the only time she will be lucky enough to get, is if he ever files taxes and gets a return. Government will take it and give it to her. With him being in and out of prison, well, if he is in prison then he isn't working and she can not get child support from him that way either. Sometimes the money isn't as important enough as the child's wellbeing. In NJ where I am I know there is a lot of help for single mothers, although not always easy to obtain quickly, but there is a lot of help. Ok so my point to the person who said the judge wants him to pay child support, the Aunt is realizing that the child's welfare is much more imporant then a court order to pay, when he never will anyway.

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