Non-custodial parent signing over his rights

My son's father (the non-custodial parent) is moving to Colorado in 2 months, he wants to terminate child support through the state because he is behind in payments and seeing the consequences for it. I told him I would not terminate the support through DCSE because I know he will not pay me unless he is required to. I am willing to give up the child support order, though, if he signs his parental rights over to me. How would we go about signing his rights over? Can we just go to the court house and do this or does a lawyer have to be involved?

FYI- I have sole custody of our son and he only has visitation per our court order. We are trying to settle this as much "out of court" as possible.

Thanks!

dittanybrixon said:

My son's father (the non-custodial parent) is moving to Colorado in 2 months, he wants to terminate child support through the state because he is behind in payments and seeing the consequences for it. I told him I would not terminate the support through DCSE because I know he will not pay me unless he is required to. I am willing to give up the child support order, though, if he signs his parental rights over to me. How would we go about signing his rights over? Can we just go to the court house and do this or does a lawyer have to be involved?

FYI- I have sole custody of our son and he only has visitation per our court order. We are trying to settle this as much "out of court" as possible.

Thanks!

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If you allow him to wiggle out from under his child support obligations, he wins, your child loses.

As long as he owes child support in arrears, he won't be allowed to wiggle out of his obligation by the state.

If you and he still wish to pursue him relinquishing his rights, once he learns that he'll still owe his arrearage, watch what he does then.

You will require an attorney to guide the ship through the courts.

Plus, someone will have to pay for that lawyer.

You, of course, are free to decide and agree to whatever you wish support.

Once he's in Colorado, he's no longer in your hair.

If he wants the child to visit him, he can return to VA, or pay for the child's transportation costs, if the custody order so states.

If I were you, I'd emulate him and DO NOTHING, simply say NOTHING, let him twist in the wind.

That way, he can see how he's treated you and more importantly his child.

The good news is that once he's in those Rockies, you're sitting pretty in the Appalachians, the beautiful Blue Ridge, or the along the Atlantic Coast.

Yeah, I'd do plenty of nuttin.

You can't unring the bell of paternity unless an adoption is involved. If you already have full custody, that is as close as it gets. He should be paying support. The child deserves support from both parents. Either of you could apply for a modification of either visitation or support through the courts, but typically the courts are going to want to see that there is a substantial change in circumstances. Non-compliance is not such a circumstance. The move would be.

I agree that you should do nothing. If he wants to try and get out of paying support, let him spend the money on a lawyer and let a judge lecture him about his responsibilities. If you don't "need" the money right now, start a college savings fund for the child. You never know what the future will hold and someday you may need those funds.

He cannot sign away his rights unless there is a willing step parent to adopt. He has a legal and moral obligation to support his child and you should not let him skirt that. Do nothing and let courts deal with any failures to pay

Do nothing, you will only put your child through a rough time if the father is already not financially supporting your child. You already have something that is close to full custody, so just let the child see the father and let the father deal with whichever consequences he will face for not paying supoort.