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tammy shoe · Dec 29, 2008, 07:04 PM

I was married for a mth,and we had a child who was 4 months old at the time,when he told me to get out.So I took her and left.He moved out of town to go live his dream,joining the army.He has not contacted me in 6 months but his sister sends me $200 a mth for child support.I haven't heard from him,when I was with him he abuse me phyically and mentally.I want to know if I got a good chance of getting full custody of my child and not get anything from him plus change her name?I want nothing to do with him and my child is 11 months now.not even a christmas card ,what do you think I can do?

SSgt USAF · Dec 29, 2008, 10:01 PM

Ask him to sign over his rights. If he does not want to you need to take it to court to establish legally everything that you would like. More than likely when he realizes he will be forced to pay child support he will sign over his rights. And if he is legally tied to child support the Army will not put up with any from him not paying. He will not risk his "dream job" for a child he doesn't want. Sorry you have to go through this...

Also, if he gives you any , don't sweat it. Go through his First Sergeant. That is very easy to do and they will tear his as up. Good Luck.

stevetcg · Dec 30, 2008, 05:39 AM

Originally Posted by SSgt USAF

Ask him to sign over his rights. If he does not want to you need to take it to court to establish legally everything that you would like. More than likely when he realizes he will be forced to pay child support he will sign over his rights. And if he is legally tied to child support the Army will not put up with any from him not paying. He will not risk his "dream job" for a child he doesn't want. Sorry you have to go thru this...

Also, if he gives you any , don't sweat it. Go thru his First Sergeant. That is very easy to do and they will tear his as up. Good Luck.

He can't sign over his rights unless the poster is married and her husband wants to adopt.

JudyKayTee · Dec 31, 2008, 12:13 PM

Originally Posted by SSgt USAF

Ask him to sign over his rights. If he does not want to you need to take it to court to establish legally everything that you would like. More than likely when he realizes he will be forced to pay child support he will sign over his rights. And if he is legally tied to child support the Army will not put up with any from him not paying. He will not risk his "dream job" for a child he doesn't want. Sorry you have to go thru this...

Also, if he gives you any , don't sweat it. Go thru his First Sergeant. That is very easy to do and they will tear his as up. Good Luck.

The father can't give up his rights - even if he is allowed to do so (someone else adopts the child) he is still responsible for support.

I am becoming concerned about the legal advice you have been giving - on this board you have to be able to back up what you say with facts and cases and websites and I don't see that you have been able to do that or that your answers even have a foundation in law.

SSgt USAF · Dec 31, 2008, 12:33 PM

Oh... well I guess it varies from state to state. That is not the case in FL... that I know of.

this8384 · Dec 31, 2008, 12:48 PM

Originally Posted by SSgt USAF

Ask him to sign over his rights. If he does not want to you need to take it to court to establish legally everything that you would like. More than likely when he realizes he will be forced to pay child support he will sign over his rights. And if he is legally tied to child support the Army will not put up with any from him not paying. He will not risk his "dream job" for a child he doesn't want. Sorry you have to go thru this...

Also, if he gives you any , don't sweat it. Go thru his First Sergeant. That is very easy to do and they will tear his as up. Good Luck.

Originally Posted by SSgt USAF

oh...well i guess it varies from state to state. That is not the case in FL...that I know of.

I'm not sure how much you've read up on the law in your state, or in any other for that matter. You keep giving wrong advice on the Family Law board and I'm hesitating to give you a reddie but I'll only hold out for so long.

You need to understand that this is a legal board. People asking questions here are looking for legal advice, not an "I guess."

Also, just signing away parental rights doesn't eliminate his responsibility to pay child support in any way. If that were true, you would have dead-beat parents across the world signing away rights just so they don't have to pay.

ScottGem · Dec 31, 2008, 02:17 PM

First, you should have no problem getting full custody. What you should be doing is petitioning a court for full custody and child support. Unless he shows up at the hearing, you will be awarded both. If you decide not to apply for support you can, but you owe it to your child.

Since he has decided not to be a part of the child's life, then you don't have to do anything more.

SSgt USAF · Jan 2, 2009, 11:44 AM

Originally Posted by this8384

I'm not sure how much you've read up on the law in your state, or in any other for that matter. You keep giving wrong advice on the Family Law board and I'm hesitating to give you a reddie but I'll only hold out for so long.

You need to understand that this is a legal board. People asking questions here are looking for legal advice, not an "I guess."

Also, just signing away parental rights doesn't eliminate his responsibility to pay child support in any way. If that were true, you would have dead-beat parents across the world signing away rights just so they don't have to pay.

My bad. I was under the impression that if you give up your parental rights and the child is adopted, which is normally why the parent does it to begin with, than child support ceases. Keyword being adopted, but I read my previous post and saw that I did not include that. Again, my bad. Either way, my posts will cease.

JudyKayTee · Jan 2, 2009, 12:08 PM

Originally Posted by SSgt USAF

My bad. I was under the impression that if you give up your parental rights and the child is adopted, which is normally why the parent does it to begin with, than child support ceases. Keyword being adopted, but I read my previous post and saw that I did not include that. Again, my bad. Either way, my posts will cease.

No one has asked you to stop posting. You've only been asked to post correct information, whether it's by means of education, experience, whatever, and not argue with people who attempt to straighten out any misconceptions.

SSgt USAF · Jan 2, 2009, 12:28 PM

No big deal. I got my questions answered anyway and hopefully posted some good info about my case for people in the future who find themselves in similar circumstances. I really don't have any business trying to post help on here anyway. Not really a lawyer, just a jet mechanic. :(

Good luck to everyone and I will update my original post with more info as my case progresses.

this8384 · Jan 4, 2009, 01:17 PM

Didn't mean to be discouraging, just pointing out what I was told when I first joined the site.

Since you're a mechanic, you might find the Cars & Trucks forum on this site interesting. Here's the link :)

Cars & Trucks - Ask Me Help Desk

08_777444 · Jan 14, 2009, 02:03 PM

Really?

JudyKayTee · Jan 14, 2009, 02:07 PM

Originally Posted by 08_777444

Really?

Which post are you answering?

Fr_Chuck · Jan 14, 2009, 03:32 PM

Ok, first do you have someone ( a new husband) wanting to adopt, if you don't those rules do not apply.

You first have to file for divorce and child custody and request court ordered child support. If he does not ask for visits he will not get any.

IF you have proff of the abuse, doctor records, hosptia records, police reports where you called the police, this can be used in court. Full custody should not be a issued, his visits may depend upon his desire to visit and the evidence of what a danger he is