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    Lovepeacesmiles's Avatar
    Lovepeacesmiles Posts: 4, Reputation: 1
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    #1

    Feb 3, 2012, 03:21 PM
    Child support/signing parental rights over
    Hello I live in California, I hv been divorced for almost a yr. No court order for child support bt there is one for custody that he does nt follow( nt visiting at all, barely calls). I just recently filed a claim for child support and he told me to do so. My question is cn he sign over his rights as her father when he's on her birth certificate we were married when she was born and I'm nt for him signing them over? He says he is because he does nt want to pay for her well being. Can I dispute this or not? Also can I gt a restraining order against him and can he still be forced to pay child support. Thank u
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 3, 2012, 03:35 PM
    This is a myth, there is no way he can just sign away his "rights" of course child support is a obligation, not a right, a right is his visits, his right to have a say about school and so on.

    So just laugh at him and say, yea right
    Lovepeacesmiles's Avatar
    Lovepeacesmiles Posts: 4, Reputation: 1
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    #3

    Feb 3, 2012, 03:47 PM
    Ok thanks, I forgot to mention he has no rights I hv phsyical,legal custody he has no custody at all. He states he has an appt with a lawyer to sign over his rights. Is there anyway I cn gt a restrainning order and still gt child support.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Feb 3, 2012, 04:17 PM
    What is the basis for the restraining order?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Feb 3, 2012, 04:50 PM
    First, he certainly does have rights. You already said he has visitation. He may need to go to court to enforce his rights, but he does have them. And no he can't sign away his rights. I don't know why you didn't go for child support when you divorced.

    As for a restraining order, as asked, what is the basis? Has it threatened you? Committed violence against you?

    Finally, this is not texting. We use full words and sentences here.
    Lovepeacesmiles's Avatar
    Lovepeacesmiles Posts: 4, Reputation: 1
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    #6

    Feb 3, 2012, 05:58 PM
    Well the court order states supervised visits and I am the one to supervise them, he asked the judge for me to supervise the visits. He has threatened me before and is upset that he is no longer on my medical and dental. I didn't ask for child support because we had a verbal agreement that he would follow and he has until he found ot he was off my benefits. I was trying to still be civil for my child's sake and be friends instead of enemies hess not making things any better and sending hateful text about my child and me. I just don't want her to know later in life her father didn't want her in his life because he's upset with me
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Feb 3, 2012, 06:00 PM
    Being civil does not mean you don't ask for and get child support, that is one of the child's rights. Next the father of course has rights, the court merely assigns what they are, and how he can use them.

    Also if you do not want to be the one to "supervise" visits and I don't believe the other parent should ever be. There should be a professional supervision most areas have centers for nothing but supervision of visitation. So just refuse to be the one to supervise visits and require it to be a third party.
    Lovepeacesmiles's Avatar
    Lovepeacesmiles Posts: 4, Reputation: 1
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    #8

    Feb 3, 2012, 06:52 PM
    Thank you so much for your responses, I did refer to the court system supervised visits and he refused, I wanted him to bond with her but it seems useless, I applied for a divorce once he went to jail and I found out he wasn't who he really pretended to be. Now he's on federal and state parole in California. His federal PO told me if he doesn't take care of his child he's in violation of his parole, he just started a new job I asked for him to add her to his medical (refusing) and help with half the bill for childcare as well as her needs. He says yes only for food so like you said I shouldve asked for child support when I filed for the divorce, bt with him being in jail I was told all child supoirt would be forfeited until he was free.

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