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

    Oct 8, 2012, 07:11 AM
    Fathers rights
    My ex husband has not been in our children's lives since they were 1 years old and 5 months old. He went to prison for being a habitual traffic offender and was there for close to 3 years. Since his release almost a year ago he has been trying to get visitation of his kids only because the courts made him pay support. He got to see the boys twice now 4 and 5 and put them in danger both times. The judge revoked his rights as of now and said he will be able to get them back as soon as he could prove to be fit. He tried to get joint custody of them thinking he wouldn't have to pay support but the was immediately denied. He is getting ready to do 45 days in jail because he refuses to pay his support and called me yesterday telling me he wants to sign over his rights. I know I had children with this man and married him but it was after this that he became a horrible alcoholic and beat on me often. He has not changed his ways since released from prison and was jailed for drinking while on home detention and when my boys were with him he beat on hid girlfriend in front on them and they don't want to go back. I know you should try in every way to make things work for the children. I have taken this man to counseling and have went above and beyond to help any situation with the boys so they could have a father in their lives that's the least they deserve. He is not willing to change who he is and knows he will be doing 45 days in jail and said I can do this standing on my head I just did 3 years in prison and he was not going to pay. He said he just wants to sign over his rights to our boys. As much as that hurt me to hear that it shows how much he cares about them I think that would be best. I am a single mother I provide for them on my own I get no welfare of any sort and I hate to try and do this because I feel like he wins and gets out of his legal, financial obligations but at the same time I have lived in fear of this man and his family, IV been harrasted none stop by him and his family IV had to get protection orders agenst them and I don't want my children having to live in fear as well. The judge knows all of this do you think its possible for him to sign all rights of these boys away?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Oct 8, 2012, 07:33 AM
    Very doubtful, judges seldom allow someone to sign away their rights, esp if the only reason is to not to pay support. Also it is very likely, if he was allowed to sign his rights away, he would have to stlll pay support.

    What is much more likely to happen, is that he would be allowed only supervised visits with the children. This is much more common in cases like this.

    If his abuse, to you and to the new girlfriend is documented, police reports, arrests, this may be used to show him a threat, and to try to show his rights need to be talken away, Often he can not just sign them over, but you would go to court to show reason they should be taken away
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Oct 8, 2012, 07:33 AM
    Without knowing where you are it is impossible to say.

    Even if he IS able to "sign away" all his rights, that would not stop the harassment.
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #4

    Oct 8, 2012, 07:44 AM
    Also... unless you have documented his family's harassment, in some areas his parents could get visitation rights to your children even if HE has no rights.

    Frankly, if I were you, I'd get a lawyer and find out the best way to limit his contact with the children, because it is unlikely that he will be able to sign over his rights.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Oct 8, 2012, 12:22 PM
    The judge didn't "revoke his rights", he revoked his visitation. There is a difference. As others have said, it is unlikely he can sign over his rights. Courts will not allow it.

    However, if you remarry and you new husband wants to adopt, he can agree to the adoption thereby ending his rights.

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