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mamaconfused · May 9, 2011, 10:33 AM

My husband and I are having trouble finding jobs and we are both afraid that he will end up going to jail with in a few months when his unemployment runs out and he is thinking about giving up his rights to his daughter with neither one of us having jobs. He really doesn't have any rights to the child because she haves full custody so therefore he doesn't get to see her. What should we do

Synnen · May 9, 2011, 12:06 PM

He should go back to court and have his child support order amended.

If it were so easy to just sign away rights to get out of child support, don't you think EVERY idiot out there would do it rather than go to jail for non-payment?

You cannot voluntarily relinquish parental rights except to clear a way to an adoption. Even if you could, parental rights (the ability to make decisions on behalf of the child) and parental OBLIGATIONS (child support) are two different things.

Your husband owes it to his child to help support her. If he can't do that due to circumstances, then he needs to go to court to have his support amended.

PS--He either has not gone to court to GET visitation, or he hasn't had visitation ENFORCED. Either way, not seeing the child is not an excuse for non-support. If he wants to see her, he needs to get a visitation order and make sure it is enforced.

AK lawyer · May 9, 2011, 12:41 PM

Originally Posted by mamaconfused

... we are both afraid that he will end up going to jail with in a few months when his unemployment runs out ...

Why is it you are afraid he will go to jail? The child support? One can only (in theory) be jailed for child support if he hasn't paid it and has the ability to do so.

J_9 · May 12, 2011, 04:15 AM

Originally Posted by AK lawyer

Why is it you are afraid he will go to jail? The child support? One can only (in theory) be jailed for child support if he hasn't paid it and has the ability to do so.

I've known several men to go to hail because they didn't pay child support.

Fr_Chuck · May 12, 2011, 04:41 AM

Sorry but yes in many states they arrest first and ask questions latter for non payment of support.

And ability to pay is not questioned at the time of arrest.

The payer has the obligation to go back to court to get the amount they pay amended if they are out of work and can not pay the amount listed. That is what they are required or need to do.

And no you can not just sign over rights, and even if you did, you would still owe support unless they have a new partner who wants to adopt.

Also why is he not visiting, she can not stop him if he goes to court and gets a court ordered visit, and if she tries, he takes her to court for contempt.

Sorry, he has chosen not to fight for his rights to see his child, and now is such a dead beat he would rather give up his rights than fight for them.