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miszjen03 · Sep 12, 2013, 11:01 AM

How will I go about getting the father of my children to sign over his rights? My husband is willing to adopted them. Also the father does pay child support. I am in Missouri will he stop paying child support and will my husband be responsible for the child support. Please help.

smoothy · Sep 12, 2013, 11:05 AM

Of course the birth fathers child support obligation and any rights ould end at the time of the adoption. Then it becomes 100% you and your current husbands responsibility for everything.

Look into the adoption procedures in the state you reside... the fact his financial obligations end might be the incentive he would need to allow the adoption.

miszjen03 · Sep 12, 2013, 11:15 AM

Ok that is find but what if he is not willing to sign over his rights is there I can get full custody and if so how

smoothy · Sep 12, 2013, 11:28 AM

Originally Posted by miszjen03

Ok that is find but what if he is not willing to sign over his rights is there I can get full custody and if so how

Then it becomes a fight, likely an expensive one... because legally his rights are equal to yours... and your current husband actually has none.

You would be at the mercy of the court for their decision if you can prove to them it would be in the best interests of the child.

What I mean is yes its possible... but no its not a sure thing... nor would it be easy if a fight was put up.

I'm guessing while you have custody... he's been active in the child's life up to this point. Not someone who just mailed a check every month and a card a few times a year.

miszjen03 · Sep 12, 2013, 11:53 AM

No sorry he dose nothing for neither one of my children. Also if it wasn't for child support I wouldn't get money from him he was made to pay child support due to the fact I receive madicade for my children he does call he does come see them so I really need help I just want to move on I could see if he was a stand up father but he is not

Im sorry he doesn't call nor come see them I haven't heard from him in 6 months and my kids are upset about it and it is affecting their school work

smoothy · Sep 12, 2013, 12:19 PM

Knowing that... I don't think he would put up a fight... and if he did... the court would likely side with you.

miszjen03 · Sep 12, 2013, 12:22 PM

Thank you so much for the help now I have some hope so how would I go about applying

Wondergirl · Sep 12, 2013, 12:40 PM

Are you the children's mother or the husband's new wife? As smoothy noticed, you have two very different threads going.

miszjen03 · Sep 12, 2013, 12:42 PM

I asked about two different situations I am the children's mother and I also asked about my husband's situation as well

Wondergirl · Sep 12, 2013, 12:44 PM

Originally Posted by miszjen03

I asked about two different situations I am the children's mother and I also asked about my husband's situation as well

Thanks for clarifying that. We were starting to sweat here in the back room!

miszjen03 · Sep 12, 2013, 12:50 PM

I am so sorry

Wondergirl · Sep 12, 2013, 12:53 PM

Originally Posted by miszjen03

I am so sorry

It keeps us on our toes. :)

miszjen03 · Sep 12, 2013, 12:55 PM

That is a good thing

ScottGem · Sep 12, 2013, 01:03 PM

I agree with smoothy here. If the father is not an active participant in his children's lives, then he would likely be willing to agree to the adoption since it ends his support obligation.

The adoptive father would not, however, be responsible for making the support payments. He would be supporting the children since he is now their legal father. However, if you were to divorce him, then he would be responsible for support.

If the bio father refuses to agree to the adoption, then you can try to get a court to terminate his rights, but that will be much more difficult.

miszjen03 · Sep 12, 2013, 01:41 PM

Ok thanks