Signing Over Parent Rights & Child Support / Full Legal Custody?

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pumpkinhead

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I'll try to make a long story short...

I have a 12-yr old son. His bio-father has not been in his life until recently (the last couple years). He lives in Colorado. We live in California. A couple years ago, Child Support Services finally caught up with him and I was able to get a child support order. As soon as my ex started paying support, he all of a sudden wanted a relationship with his son. Two summers ago, I flew out to CO with my son, so he could meet his father. Things went OK. So over Thanksgiving, I allowed my son to fly to CO, on his own. The day before he was supposed to come home (Friday night), I got a text msg, saying my son was not coming home and there was a court hearing scheduled for that Monday. He was claiming my husband (who has been my son's "dad" since he was 2 yrs old) & I were abusing my son. I flew out to CO and appeared in court...charges were found false and my son came home with me. (It was a complete nightmare!)

Now, we did not have any custody orders, only support orders - obviously now, I realize my HUGE mistake in not having custody orders before my son went... I guess I just want to see the good in people and didn't think it was needed.

Now, my son does not want anything to do with his bio-father, as he forced him to lie and said all sorts of horrible things about me to my son. I have
had him in counseling for a few months now because of this.

My ex has since old my son "I'm done with you" and I want to sign my rights over. He has posted harassing threats about me on his facebook page. He has told me he wants me to send him paperwork so he can sign his rights over.

#1, I am not going to do his "dirty work" and fill out this paperwork for him... if he wants it, he can do it.
#2, I feel his main reason for doing this is so he doesn't have to pay child support.

I feel he is morally and legally obligated to support his child, feeling and custody issues are another matter.

So my questions are: Can he just choose to sign away his rights, can I even agree to let him? If I was to agree to this, would he still have to pay child support?
What is the difference between signing over all rights and signing over 100% legal & 100% physical custody? (this is what I would like him to do)

(in case you are wondering... we looked into my husband adopting my son, but the fees are way to high, and it honestly wouldn't change how my husband feels about my son, it's just a piece a paper... he loves him as his own anyways... if the fees were in our budget, we would do it....)
:confused:
 
That is what I thought. Thank you.
So should I just fill out the paperwork for him to sign over full legal/physical custody? And this not relieve him of paying child support, correct?

(Irritates me....my husband has 2 kids that he pays child support for... he pays every month, plus pitches in for extras the kids may want... yet my ex.... an ex-cop.... thinks he isn't obligated to support his kid)
 
This process is long (can take a year) in mean time he will still owe support and any visitation, custody orders still are enforceable. Once adoption is granted all future support from Bio Dad will cease but he will not be forgiven for any arrears unless you decide to do so. This will not apply if Bio Dad owes support to state due to you being on public assistance at any time
 
Sorry... but I think my question may have been unclear.
My husband cannot adopt my son (it costs thousands of dollars that we do not have and the courts don't do fee waivers for adoptions)

From what, I understand (please correct me, if I'm wrong) -legal custody is not the same thing as parental rights

So say, my ex was to sign over legal/physical custody 100% to me... not his parental rights (since the judge would not allow that without an adoption) - he would still be legally obligated to pay child support, correct?

Thanks for your help!
 
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