I'm an army wife and my husband has just got orders that will station him halfway across the world. We have children together but I had a son before we married. My question is.. in my situation should I have my son father sign over his rights or give me full custody before I leave. Right now my other kids are on tricare and my son is receiving state medicaid. Passport for my other children are done but my son was denied because his father didn't want to sign the papers saying he was aware we were leaving. NOW he has finally been caught by child support for the three years he hasn't paid anything and has OFFER to sign the paper if I go to child support and take him off. BUT I want things to be official when we leave so what should I seek from him full custody or have him give up his rights to my husband? He has not been an active part of my son life since he been born. My son knows my husband as his father. Putting him on child support was pointless because he loss his job two months before judgement and haven't found another since.

Your ex can not just sign over his rights, where did you get that idea from ?
And even if he could somehow be allowed to sign over his rights, it does not stop his child support.

If you husband wants to adopt the child, you hire an attorney and then and only then, can your ex sign over his rights to allow your husband to adopt.

It is not going to be done in a month, so you will need to postpone the trip. This will take several months at best. Also most likely he will still owe the past support, just not owe future

I know signing over rights don't stop child support I would have to go to court and get it done.(my ex went and found all the information on how that can be done) My thing is for someone who does not support their child money-wise or visitation wise to be able to hold them hostage in the states is too much pull for a dead-beat dad.

Im asking if going to court for full custody or going after is parental rights which one would save me from future problems like this. My husband is in the military he WILL have to leave. I can stay in the states into this is complete and then join my husband there.

My son father is using the fact that I can't get a passport because he's on the birth cert and I need his permission to influence me to end his child support payments in exchange for the passport.

I have no problem with paying a lawyer for an adoption I just want to make sure I'm asking for the right thing. I have call different people around here and just for a consultation is starting at$100. I don't want to spend money just for them to say it can't be done or a waste of time. If I have full custody can I go without his consent? My fear if I end his child support and we get to leave when we come back and want to take vacations overseas I would still have to deal with him and considering he's not trying to work he may start asking for money inorder to get his signature (trust me I know because when this situation first came up he asked for $400 to sign.)

You need the signatures of both parents to get a Passport. Your "ex" cannot sign away his rights. Your husband can adopt the child if the father agrees.

You will pretty much have to deal with the father as long as you share a child.

An Attorney MIGHT be able to get an emergency order allowing you to leave the Country - I'd spend the $100 and find out.

Rather than spend money on getting full and sole legal custody (which is what you need to not have the father agree to a passport), spend it on the adoption. Your husband adopting the child will take care of everything and the father should agree to it because it will end his child support obligation.

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Originally Posted by ScottGem

Rather than spend money on getting full and sole legal custody (which is what you need to not have the father agree to a passport), spend it on the adoption. Your husband adopting the child will take care of everything and the father should agree to it because it will end his child support obligation.

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Thanks

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Originally Posted by Goldenapple2013

thanks

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You're welcome. It just makes no sense to petition for Full custody when you then have to pay more for the adoption later. Do it all in one shot.