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    faithlhubert's Avatar
    faithlhubert Posts: 5, Reputation: 1
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    #1

    Jan 5, 2009, 01:17 AM
    How do I go about my ex signing over his rights to our son?
    Hello,
    My name is faith hubert I have a 12 week old son by a man I was not married to and he told me that he would sign over his rights to him if I sent him the paper work. My queston to you is this how would I go about doing this? Would I have to go to court and get a lawyer because honestly I don't have the money to do that. Would a lawyer charge me to get the papers witten up. Where do I start to get this going. Another problem I have is that he lives in tennesse and I live in Texas would I have to go there would he have to come here. What do I do and how do I do so. So if you could please get back to me as soon a possible. Thank you for your time and help...


    Thank you
    Faith L HUbert :D
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Jan 5, 2009, 04:08 AM

    What do you hope to accomplish by removing his rights?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 5, 2009, 05:38 AM

    First unless you have a husband willing to adopt almost no court is going to allow him to sign over his rights.

    And if there is not a adoption even if he does sign over he will still have to pay child support. So he does not want any rights, he does not have to use them. Nothing is there to force him to visit to call the child.

    He merely thinks for some reason he can get out of child support,
    Jake2008's Avatar
    Jake2008 Posts: 6,721, Reputation: 3460
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    #4

    Jan 5, 2009, 09:11 AM
    Yes, I would add and agree that he needs to pay child support. Giving away his rights, or paying support, or visitation, all of that cannot be done without a lawyer. It has to be hashed out. He cannot simply sign his name and that removes his responsibility.

    We are talking about a child here. Not signing over the title to a car.

    It isn't a choice whether he chooses to pay or not, he has to, and you have to make sure to take the steps necessary, for the child's sake.

    If at some point, you meet someone and wish to marry, and that person wishes to adopt, that's an entirely different situation, but also involves complicated legal proceedings.

    There are no simple solutions here Faith. For the sake of the child, I hope that both you and the baby's father put the baby first, and do what is necessary to ensure his well being is taken care of, financially and otherwise.

    You may want to see if you can qualify for legal aid to help you along.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jan 5, 2009, 09:23 AM
    Quote Originally Posted by Jake2008 View Post
    Yes, I would add and agree that he needs to pay child support. Giving away his rights, or paying support, or visitation, all of that cannot be done without a lawyer. It has to be hashed out. He cannot simply sign his name and that removes his responsibility.

    We are talking about a child here. Not signing over the title to a car.

    It isn't a choice whether he chooses to pay or not, he has to, and you have to make sure to take the steps necessary, for the child's sake.

    If at some point, you meet someone and wish to marry, and that person wishes to adopt, that's an entirely different situation, but also involves complicated legal proceedings.

    There are no simple solutions here Faith. For the sake of the child, I hope that both you and the baby's father put the baby first, and do what is necessary to ensure his well being is taken care of, financially and otherwise.

    You may want to see if you can qualify for legal aid to help you along.

    A parent pretty much can't "sign over" his rights - and it would accomplish nothing. He would still have to pay support. He apparently doesn't visit the child now and no Court is going to force him to do so.

    As Nohelp said - what does OP see as a benefit to father "signing over" his rights - ?
    faithlhubert's Avatar
    faithlhubert Posts: 5, Reputation: 1
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    #6

    Jan 6, 2009, 09:07 PM
    Quote Originally Posted by N0help4u View Post
    What do you hope to accomplish by removing his rights?
    The best life for my son is what I hope to accomplish by removing his rights he is a very bad drug user that is always in and out of jail don't keep a job steals from his family and friends and has 6 kids by 5 women and spread across 3 states so what kind of dad would he be any way??
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #7

    Jan 6, 2009, 09:39 PM
    Quote Originally Posted by faithlhubert View Post
    the best life for my son is what i hope to accomplish by removing his rights he is a very bad drug user that is always in and out of jail dont keep a job steals from his family and friends and has 6 kids by 5 women and spred accross 3 states so what kind of dad would he be any way?????????????

    And you slept with him---why?

    Unless you can prove he's a danger to the child (and if he's not involved with the child, he's not really a danger), then your chances of any court in the country removing his parental rights with no one willing to step in and take up the financial responsibility of your child (adoption, usually by a stepparent) is slim to none.

    Any chance you DO have at removing his rights would involve a lawyer---and a good one. And yes, they'd require fees to do it.

    What I would do if I were you is go down to my local county clerk's office, find out what you need to file to have full legal custody of your child, and file THAT--along with a child support order--in the courts.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    Jan 7, 2009, 06:07 AM

    I know TN and I think Texas does allow for termination of parents rights for extended prison sentences.

    But TN also has the best child enforcement dept I have ever seen, men in jail all the time for not paying chid support.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    Jan 7, 2009, 06:29 AM
    Quote Originally Posted by faithlhubert View Post
    the best life for my son is what i hope to accomplish by removing his rights he is a very bad drug user that is always in and out of jail dont keep a job steals from his family and friends and has 6 kids by 5 women and spred accross 3 states so what kind of dad would he be any way?????????????


    Did you know he was a drug user in and out of jail, a thief who steals from family/friends and has 6 kids by 5 women in 3 States when he took off his pants and got into bed with you?

    Or did this knowledge that he would be a bad father come later?

    And if this goes like most of the postings go, he thinks you are crazy.

    That's how these "signing over rights cases" go.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    Jan 7, 2009, 08:00 AM
    Quote Originally Posted by faithlhubert View Post
    . What do i do and how do i do so. So if you could please get back to me as soon a possible.
    You could have found your answer just by reading the sticky note at the top of this forum or browsing through any of the thousands of similar threads.

    Bottomline is that courts are VERY reluctant to grant a termination of rights. They will generally do so only to clear the way for an adoption or if the parent represents a danger to the child. You might get it on the second option, but that still rare. Drug users can rehabilitate.

    Does the father indicate he wants to be part of the child's life? As for wanting the best life for the child, what aboutr support, what about knowing his roots?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #11

    Jan 7, 2009, 08:59 AM
    Quote Originally Posted by faithlhubert View Post
    the best life for my son is what i hope to accomplish by removing his rights he is a very bad drug user that is always in and out of jail dont keep a job steals from his family and friends and has 6 kids by 5 women and spred accross 3 states so what kind of dad would he be any way?????????????
    If he does not bother with your son then the paper doesn't really matter.
    If he tries to get visitations/custody you can fight that with his history.
    If he tries to do anything illegal or harmful he isn't going to care whether he was terminated or not
    Check with the Court and see if your state allows you to terminate under your circumstances.
    faithlhubert's Avatar
    faithlhubert Posts: 5, Reputation: 1
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    #12

    Jan 7, 2009, 04:26 PM
    Quote Originally Posted by JudyKayTee View Post
    Did you know he was a drug user in and out of jail, a thief who steals from family/friends and has 6 kids by 5 women in 3 States when he took off his pants and got into bed with you?

    Or did this knowledge that he would be a bad father come later?

    And if this goes like most of the postings go, he thinks you are crazy.

    That's how these "signing over rights cases" go.
    No I did not know these things about him when we first got together or I would not have got with him he made me think he was a good guy and then he let his true colors show after I found out I was having his baby he thought he had me for good
    faithlhubert's Avatar
    faithlhubert Posts: 5, Reputation: 1
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    #13

    Jan 7, 2009, 04:29 PM
    Quote Originally Posted by Synnen View Post
    And you slept with him---why?

    Unless you can prove he's a danger to the child (and if he's not involved with the child, he's not really a danger), then your chances of any court in the country removing his parental rights with no one willing to step in and take up the financial responsibility of your child (adoption, usually by a stepparent) is slim to none.

    Any chance you DO have at removing his rights would involve a lawyer---and a good one. And yes, they'd require fees to do it.

    What I would do if I were you is go down to my local county clerk's office, find out what you need to file to have full legal custody of your child, and file THAT--along with a child support order--in the courts.
    I do have a man that wants to take over the father rights
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #14

    Jan 7, 2009, 04:51 PM
    Quote Originally Posted by faithlhubert View Post
    i do have a man that wants to take over the father rights

    Having a man is not enough, in most jurisdictions you need a husband for a period befoire a court will approve the adoption. So check your local laws and see what requirements there are for adoption. Then get married, wait the prescribed time and file for adoption.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #15

    Jan 7, 2009, 04:56 PM
    Quote Originally Posted by faithlhubert View Post
    i do have a man that wants to take over the father rights


    As Scott said, it's a lot more complicated than that. You cannot simply strip the father of his rights and unless you are married to your man, adoption isn't going to be possible.
    faithlhubert's Avatar
    faithlhubert Posts: 5, Reputation: 1
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    #16

    Jan 8, 2009, 04:20 PM
    Quote Originally Posted by JudyKayTee View Post
    As Scott said, it's a lot more complicated than that. You cannot simply strip the father of his rights and unless you are married to your man, adoption isn't going to be possible.
    We are getting married in a few months but brandon has to sign over his rights be fore my son can be adopted.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #17

    Jan 8, 2009, 04:26 PM
    Quote Originally Posted by faithlhubert View Post
    we are getting married in a few months but brandon has to sign over his rights be fore my son can be adopted.

    While that's true, its usually done in a package. Your attorney prepares the adoption and TPR, Its all presented to the court at the same time.

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