My x-husbad has not been paying child support since it has been ordered and now he wants ......
he wants to sign over his parental rights to avoid paying child support. I have no experience with signing over parental rights - what does it do? Why would he opt to pay for a lawyer and pay court costs instead of just helping me take care of the our two children (5yo son/ 2yo daughter)? I'm a single mom.
Answers:
Let me start off by saying "wrong!!" LOTS OF YOU ARE WRONG. Been there, done this, spoke to a lawyer already. My children's father tried to pull this **** already. He cannot sign his rights over unless and until there is another man willing and ready to accept full legal responsibility for them. And even then a judge still has to hear the case. So if you are a single mother, cant happen. If you are married and you go for this, it may or may not happen. A judge does not have to grant this esp. if you get a judge that hates men that don't pay child support. The judge can strip his rights and still order his support, or he can strip his rights and no support,or he can say shut the **** up and you are still responsible for those kids and you still have rights. Why people are giving Waycar the thumbs down, I have no idea. He is absolutely correct. Other wise, why would men owe thousands upon thousands of dollars in back child support. They would just sign away their rights. DUH! Yall can give me the thumbs down as well but I am right and I know I am right. Its the damn law, look it up! Good luck to ya dear, sometimes I wish this wasn't the law cause I'd be much happier if he could just sign his rights away! Sometimes it be for the better, sometimes it wouldn't! Who knows in your case, but nonetheless, good luck!
that still doesn't excuse him from paying his child support!
if he wants to sign his rights away, whatever, that doesn't make him any less responsible.
you can check with a lawyer on this, but I'm pretty sure the only way he gets out of paying is if you get married and he allows you and your husband to adopt them, even then he could still be on the hook.
I think your ex is blowing crap in your face, he doesn't know what he's talking about. that's my take.
you can thumbs down me if you want, but I don't think they just let deadbeat dad's sign a piece of paper and it all goes away, if they did, everyone would be signing.
The greatest thing you can do is get rid of this dolt!! No matter the cost!! I know their are some women's rights advocates that could help you at very little or no charge!!
don't do it..most states will make him pay..my daughter lived in Virginia and the court put the deadbeat dad in jail..his bond was the amount that he owed in back child support..he came up with the money with one phone call..make him pay..it's your money
Do not let him sign over parental rights rather because if you do not have anyone else to take over them hes trying to get out of paying child support. If you tkae him to court after hes signed over his rights you will never be able to get anything from him financially
He has NO say in what you do with "his" kids or where you live or even be allowed to know where you or "his" kids are.this is an opportunity to get the sperm donor out of your life and I think it behooves you to do exactly that.you will be a far better person getting the fool out of your life for good
Waycar111 may be right. He may just be blowing smoke. Have you seen any paperwork on this? Or is he just threatening to do this if you enforce child support?
Call your local State's Attorney's Office, Child Support Division. They will explain what he is trying to do and if he is trying to evade his responsibilities, they have standing to step in and help you.
if he gives up all his rights as a parent to these children, he would no longer be responsible for them in any way. i know it will be hard but they might be much better off without him. he will probably want to re-establish contact when he is no longer responsible.
i don't know your story or if there is more to it than this. i do know that my ex gave up his rights as his ex made it so difficult to visit or have contact with his children with her.
she continually made them afraid to see him. she told them he would do terrible things to them. he felt it was the best for the children, under the circumstances. sadly, the children are always the ones who suffer most in these situations.
It varies by state. What state are you in? In many states, you can't escape parental responsibilities unless there is someone else there to adopt them. The state doesn't want to increase its chances of having to support them through welfare programs. Make sure the courts know he isn't paying his child support. He can go to jail for that.
Additional information:
Since you live in Texas, the discussion above does apply. Make sure you tell the court that he his just attempting to terminate his child support and they will deny his motion. See the discussion on the link below. They are a Texas family law firm.
Signing over his parental rights means that he would no longer have access to see the children, and if you were to meet someone new, you could have them adopted. It also means that you, as their mother, get full legal, residential custody rights.
Basically it means he's copping out on being a parent to those kids. His loss and theirs. But you wouldn't ever have to worry about seeing him again, as he would have no right to see them anymore, and you wouldn't have to worry about arguing with someone over how to raise them.
Signing over parental rights also means he wouldn't have to pay support from the date he signed. Doesn't mean he still doesn't owe you back support. Go get a lawyer and refer it to a collection agency if you can.
As to why he would want to go that route -- some men think they are hurting their ex-wife by refusing to pay child support, rather than hurting their kids. Obviously he is a dolt, and is not thinking about his kids. Ultimately, if that is the route he wants, thank your lucky stars you will not have to argue with him over every little thing about your kids, and you now have full control over your family's destiny.
My suggestion? Get a good lawyer (talk to the social services agency in your area about getting financial help) and make sure that if he doesn't want anything to do with you or your children, that he can't come back in 5 years and change his mind. Otherwise, it will just frustrate you and hurt your children more. Make it as clean a break as you can. Oh, and get the back support too! And make him pay your legal costs if any.
Slow down here. That option that he plans to use is not viable in most states. Most states won't let the father sign off on parental rights. Some do, but with strings attached. Such as he can surrender his rights, but must continue to pay child support. So what it sounds like to me is that this is an empty and pointless threat. You on the other hand need to do some work by going to family court and ask the court clerk what are your options and what can you do.
You must drag his sorry a*s into court and have the courts take over collecting child support in your behalf. From this day forward do not deal directly with him in matters of child support. Let the state and the courts do that in your behalf.
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