[hamfam2925]

So My husband has been battling his ex to see his daughter for years. We have been in and out of court since she was 3 and she is now 12. No matter what the court order she finds a way to and dodge. We cannot always go back to court for every little thing. She has done and continues to keep her away as much as possible. We are exhausted as are my children dealing with these emotions. Well we have been told by day one she was not my husbands and never wanted to believe it. We recentland y did a DNA and came back he is not her father. NOw he is on the BC and signed order of paternity. We spoke with many lawyers and since the law states he is the father that's that. She knew all along and that is why she keeps her away. Well we recently had to show up with the police to enforce a court order. The daughter has been completely brainwashed by her mother and its very hurtful. The love between dad and daughter has never really been there since mom has stood in the way. This summer was very tough and now that she went home we cannot see her again. Moms house is for sale since we filed and this is stress we cannot continue. How hard can one fight before admitting defeat. My husband has decided to sign his rights over. Will That be possible? We understand he is still obligated to support. Will a judge take into cosideration the DNA and the character of the mother being a liar? JUst at a loss what to do. This has torn us all apart.

[Fr_Chuck]

Unless the mom is remarried and the new husband wants to adopt, no he can not sign over his rights, he can give up his rights to visit and give up his rights to have any say, but he will have to pay his obligation of child support. So just stop trying to see the child, give up and just pay the check each month. I will assume that is the real question, can you get out of paying child support at this point. That answer is no.

Many places do not allow a legal father to challenge the paternity after a number of years. Some don't allow any challenge at all. Since you have already talked to attorneys who said that paternity can no longer be challeged, he is the legal father and will just have to pay his child support as ordered. No way out of that.

[ScottGem]

ANY question on law needs to include your general locale as laws vary by area.

The question here is whether local laws allow a paternity challenge. Since you didn't give us a location we can't tell. However, since you have the opinion of local lawyers I would assume they know the law.

He will not be allowed to sign his rights over. However, he does not have to exercise his visitation. He can just let it go.

If he decides to stop fighting, then I would compose a letter telling the girl that he is tired of fighting. Since she and the mother have indicated they don't want him as a part of their life he is bowing out. Tell the daughter if she ever wants to contact him, he is amenable and hopes that, as she gets older, she may understand the situation better.

Make sure this letter if given directly to the girl.