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Can a father sign over rights if there is already an agreement?
We've been divorced about 4 yrs and now all of a sudden he wants to sign over rights. He is now diabled and gets disabilty and I a single mother of 5 kids. Can he just sign his rights over like that? I live in NC and he lives in Ky. He calls the kids but hasn't seen them in 2 yrs.
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Of course not, just laugh at him, this is just a myth. No court is gong to allow him to sign over rights, and then sign over to who ? Signing over rights is done if you are remarried and your new husband wanted to adopt. This does not sound like the case.
To do anything, he will have to file in court where the court order now exists. |
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What does he think signing over his rights will get him? Even in the unlikely event he gets a court to terminate his rights, they won't terminate his child support. However, if his income has changed, he may be able to get the support amount modified.
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In some states, like mine, if rights are terminated so is child support. Partly because of this terminating rights is not generally done unless the parent is a danger to the child(ren) or to allow an adoption. In your case I don't see where either of those applies so his rights and responsibilities won't be terminated. However, you said he is now disabled so that could mean that his income has decreased so he can go back to court for a reduction in the child support order. He isn't on SSI is he? I only ask because that is the only form of income (that I can think of right now) that can not be garnished or have a child support order out of.
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Sure he can sign over many of his rights but what he can't sign over is his responsibilities. If he doesnt want to be involved then he can sign away his rights to visitation and to medical and schooling. But he can not sign away his responsibility of child support. If he is on disability and moving towards SDI on a permanent basis then the children can recieve a benefit from it.
The only other way for him to sign away his rights completely would be if there were an adoption to take place. |
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