Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Family Law (https://www.askmehelpdesk.com/forumdisplay.php?f=120)
-   -   Giving up parental rights to stop paying childsupport (https://www.askmehelpdesk.com/showthread.php?t=364370)

  • Jun 12, 2009, 08:36 PM
    a12e34
    Giving up parental rights to stop paying childsupport
    I was with my ex in Ohio for 11 yrs. I had 5 kids with him I left to California with a restrainig order with the children in December of last year. I have been here for more than 6 months he said he wants to give up parental rights so he doesn't have to pay childsupport? He said Ohio law allows for a father to give up rights so he doesn't have to pay or if he pays what he owes he can sign over rights and never pay? Is that possible?
  • Jun 12, 2009, 09:12 PM
    nikosmom

    No it is not possible.
  • Jun 12, 2009, 09:52 PM
    buddy1987
    Yes it is you idiot! How could you answer that if you have no idea what's the law! He's giving up the rights to his children! But think about it this way, he will have no rights to ever see them or talk to them legally, which makes me think you'd be better off that way instead of having a deadbeat piece of crap dad in your childerens life, think longterm for your childeren, not about the 100 bucks a week you MIGHT get from a dude that could care less about them...
  • Jun 12, 2009, 10:02 PM
    nikosmom
    Quote:

    Originally Posted by buddy1987 View Post
    Yes it is you idiot!! how could you answer that if you have no idea whats the law!! hes giving up the rights to his children! But think about it this way, he will have no rights to ever see them or talk to them legally, which makes me think youd be better off that way instead of having a deadbeat piece of crap dad in your childerens life, think longterm for your childeren, not about the 100 bucks a week you MIGHT get from a dude that could care less about them...

    Buddy, not sure of where you're getting your information but no it's not possible for a father to just give up his parental rights in order to avoid paying child support. There are numerous threads on this very subject on this board if you care to sift through them.

    He is financially obligated to support his child unless the child is legally adopted by a step-parent. Regardless of the amount, he is legally responsible for paying child support and the children are entitled to it.

    This is a legal board and not a place for your opinion. You are more than welcome to start a thread of your own under the Discussions section on the subject and there you can voice your opinions freely. Please pay attention to the rules of the site when it comes to being respectful if you want to remain a member of the site.
  • Jun 12, 2009, 10:04 PM
    Alty
    Quote:

    Originally Posted by buddy1987 View Post
    Yes it is you idiot!! how could you answer that if you have no idea whats the law!! hes giving up the rights to his children! But think about it this way, he will have no rights to ever see them or talk to them legally, which makes me think youd be better off that way instead of having a deadbeat piece of crap dad in your childerens life, think longterm for your childeren, not about the 100 bucks a week you MIGHT get from a dude that could care less about them...

    First, there is not name calling on this site. If you wish to remain a member here then learn some respect and watch your mouth.

    Second, he can choose not to see his kids but he cannot "give up his rights" and get away with not paying child support. He's the bio dad and must pay support for the children that he helped make.

    If you have proof that what you are stating is fact then post the proof.

    If I were you I'd apologize to Nikosmom for calling her names and for your aggression.
  • Jun 13, 2009, 05:32 AM
    ScottGem
    Quote:

    Originally Posted by a12e34 View Post
    he said ohio law allows for a father to give up rights so he doesn't have to pay or if he pays what he owes he can sign over rights and never pay? is that possible?

    No. There is a sticky note at the top of this forum which covers this issue, did you read it? There are also hundreds of threads here that ask the same question. Did you try browsing around before posting your question?

    The bottomline is that no court (at least in the US) will terminate parental rights (TPR) just to allow the parent to cease child support. No way, ain't going to happen.

    Generally a TPR will be granted only to clear the way for an adoption or if the parent represents a danger to the child.

    If he insists that he can, then ask him to cite the specific Ohio law that allows it.
  • Jun 13, 2009, 07:18 AM
    liz28

    Buddy1987 it doesn't matter if the father wants to be in his child's life he still have a fiancal obligation to them. Your bashing the mother for going after him for child support--wrong. So I guess she should carry the load of taking care of 5 kids while he out there living it up--no way.

    I guess you think if you have kids you could just sign over your rights and not pay child support especially if you don't want to. Well if that was the case there wouldn't be any child support court.
  • Jun 16, 2009, 05:24 AM
    James72

    In 1974 I gave up the rights to my daughter to my ex... By her request so that my daughter's last name would be the same as her new husbands name. They divorced two years later and my daughter was stuck with this name till the time of her marriage.

    Child support was canceled all of my rights involing my daughter where given up.

    This was in Toledo Ohio

    Today my daughter and I are closer than her and her Mother.

    YES it can be done... in court if both agree to it!
  • Jun 16, 2009, 05:39 AM
    ScottGem
    Quote:

    Originally Posted by James72 View Post
    In 1974 I gave up the rights to my daughter to my ex ... By her request so that my daughter's last name would be the same as her new husbands name. They divorced two years later and my daughter was stuck with this name till the time of her marriage.

    Child support was canceled all of my rights involing my daughter where given up.

    This was in Toledo Ohio

    Today my daughter and I are closer than her and her Mother.

    YES it can be done...in court if both agree to it!

    I don't know what the climate was in 1974, nor do I know the exact circumstances of your situation. But I doubt if its exactly has you stated. More likely the husband adopted your daughter. There would have been no reason for a
    TPR just to do a name change. Clearing the way for an adoption is one of the main reasons a TPR will be granted. And an adoption severs the parents rights and obligations.

    But that was not the OP's question. The courts will not grant a TPR just to allow a parent to stop child support. If that was allowed, huge numbers of parents would skip out on support.

    Your daughter was not stuck with the name until her marriage. Once she turned 18 she had the option to change her name. At that point she also had the option to renew her relationship with you. Prior to her turning 18, any relationship you had was at her parent's forebearance. You had no right to make any contact with her without their permission.

    I know you wanted to help here, but this is a legal forum. Answers here need to conform to prevailing statute. Very often one' person's experience does not match the question being asked and there are different circumstances that are either left out or misunderstood.
  • Jun 16, 2009, 06:04 AM
    Synnen

    GOSH DARNIT!

    I meant to DISagree with buddy1987.

  • All times are GMT -7. The time now is 02:42 AM.