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annestemple · Mar 18, 2008, 04:50 PM

My husband and I are getting a divorce and he's wanting to give up his rights to our 2 yo son.
The only problem is that he was the sole (spell check) provider for our family. He kicked me and our son out on Christmas and I've been living with family since, I was depending on him for child support but now I think it'll be better if he does but my family wants the judge to order child support and order me to be the sole provider of our son. I just don't want to have to go through all the drama of a custody battle which I know if I don't take this offer now he'll fight till he has sole custody and I won't let him have my son. Has anyone been through a similar situation? If so can you help me? Oh and on top of that can someone tell me where to find the paper work to relinquish his rights to my son?

Fr_Chuck · Mar 18, 2008, 08:07 PM

A court hearing is not DRAMA, it is what has to be done on every separation or divorce.

First he can not just sign away his rights, so forget that just to start.
And even if he did, that does not stop his requirements to pay child support.

So you file for full physical and legal custody, you allow him visitation, and then get a order for child support based on his pay.

Just do it, stop fooling around and letting him either lie to you or scare you.

Sarah48375 · Mar 19, 2008, 01:09 AM

Your son needs a father, but you should never have your son where he is not wanted. It's true that some courts won't let a father sign over rights. They also may still make him support the child even if he does. Unless there is a man willing to adopt. Then the court will no longer force support. However, all states are different. He doesn't sound all that interested in your son anyway. He is probably full of threats. Being a single parent is hard. He will not want sole, even if he gets it because he doesn't seem to care about his boy.