 |
I would like my kids father to sign his rights off to his children. He does nothing anyway and he is behind on child support but now he wants me to pay him child support. Is there anyway I can get him to sign off even though I do not have anyone to adopt my children?
No.
No he can't just sign off his rights.
However, he also cannot simply demand child support from you. From what your post says
I take that to mean that he does not spend time with the child, nor does he pay child support. Which means there is no reason for you to pay him.Quote:
He does nothing anyway and he is behind on child support
I think it depends on the State you live in.
I'm in a similar situation with my 11 year old daughter's father. He hasn't seen her in 10 years and pays no child support at all... he's in arrears up to his eyes!!
I think your best bet would to get a free consultation with an atty and ask them. I'm in the process now of getting my ex's rights stripped. He would still owe back child support... but nothing more.
It doesn't depend on the state. Parental rights will not be terminated unless there is an adoption pending or the parent is found to be a danger to the child.Quote:
Originally Posted by chicagotulips
While there have been isolated cases, this is the hard and fast rule on the matter.
That's not completely true...
If the father agress to it, then the court should allow it.
My situation stemed from me making a will... I have 3 children, and if something were to happen to me, I didn't want them split. So I contacted my ex (Father of the 11yo) and asked if he would mind signing away his rights to my daughter.
He was fine with it (since he wouldn't owe any more support) so now its just a matter of going in front of a judge and we have a date set for November.
But I would talk to an atty first in your area, before trying to do anything on your own.
If the father agrees to it AND there is an adoption, yes, of course. A court will not allow a parent to simply terminate his/her rights though.Quote:
Originally Posted by chicagotulips
I suspect you will hear the same thing from the judge in November.
A good way to remember this is that there is ALWAYS someone responsible for a child, unless there was no father/paternity establised in the first place.
Once a father signs the birth certificate, or paternity is established, there will ALWAYS be someone responsible finanically.
I've moved this to the Family Law forum where it belongs (aside to Kathi, please pay attention the READ FIRST sticky notes). And since it is now here, responses have to be accurate according to the law.Quote:
Originally Posted by chicagotulips
Only a court can grant a TPR and courts are VERY reluctant to do so. Generally, they will only grant one to clear the way for an adoption or if the parent represents a danger to the child. This question has been asked and answered thousands of times in this forum. Also, you may find your state laws will NOT result in an end to support payments. Some states only terminate rights and NOT responsibilities. So a parent can have their rights terminated and still be required to pay support.
So yes it is true. If a parent could get out of paying support by relinquishing their rights, there would be hundreds of thousands of parents lining up to do so.
I believe you will find this out when you go to court.
The court will almost never allow it, "no matter what state" some states would never allow it.
If the father does not agree the court will not for sure.
And since the father would still have to pay child support even if rights given away, I doubt he would sign
Your attorney is fleecing you, if he's trying what you say he is.Quote:
Originally Posted by chicagotulips
| All times are GMT -7. The time now is 01:33 AM. |