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    marinemom06's Avatar
    marinemom06 Posts: 1, Reputation: 1
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    #1

    Jul 25, 2008, 01:41 PM
    his rights
    My husband is going to give up his rights to his children and it is tearing him up so bad he loves them but x wife will not stop trying to take him to court and keeping us so stressed and driving by our house and yells in the back ground and makes up stories why the kids can't come to see him they are always dong something and its always on our weekends and also the whole family attecked us at a soccor game the we went ot see of the youngest so what do we do we don't have money to fright her but he was served papers for back child support and visatation and oh also a restraining order against him how funny she is the one that needs to stop! Does he have to pay child support if he gives up his rights because he says he is not going to be a prisoner to his x the rest of his life she is very controlling and sneaky and vindictive:confused:
    NowWhat's Avatar
    NowWhat Posts: 1,634, Reputation: 264
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    #2

    Jul 25, 2008, 01:45 PM
    Yes, he would still have to pay child support, even if he gave up his rights. They are two different things.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #3

    Jul 25, 2008, 01:52 PM
    Is she remarried? Does she know for a fact that the Judge is going to grant signing away his rights? This whole thing can possibly blow up in her face. I think anybody can serve papers to sign away rights but without the Judge granting it your husband should not sign anything.
    If she does get his rights signed away it could possibly mean he doesn't have to pay child support depending on the circumstances like is she remarried and he willing to adopt and be financially responsible? If not she may be only blowing her own smoke.
    Don't sign ANYTHING and let her take him to court and leave it up to the Judge.

    Also the restraining order works both ways. IF she tries to contact him or you or ANY third party (even a phone message or email) to leave a message then SHE is in violation of the restraining order and she NEEDS reported immediately.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jul 25, 2008, 07:43 PM
    Most likely the judge would not allow him to sign over his rights, unless there is a new partner to adopt. But if for some reason the judge did allow him to sign over his rights, Yes, he will still have to pay child support.

    Also he has rights, it appears he is not fighting for them
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