Biological Father wants to go for joint custody or give up rights to my husband

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Stacyc

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I want to know how I can go about with getting papers drawn up on my ex giving up rights to my boy. He is wanting to get out of child support , so he is willing to go either for joint custody or visitation(after 4 years of not seeing him) or talked of signing over rights to my husband, who has raised my son as his own since my son was three months old. My son calls my husband Daddy and that is who he knows as Daddy all his life. My ex has started calling and trying to accomplish something in order to stay out of jail and now he is cussing me out on the phone and threatening me if I dont let him see my son, what can I do? He has 30 days hanging over his head that I could impose from not paying support, but I would like to have him willingly sign papers before I impose that. Any advice???
 
You can only terminate rights if your husband is willing to adopt.

So you just cannot have him sign over his rights, a full step parent adoption must be done, and he cannot sign over rights just to get out of paying child support. If he has not seen the child though in 4 years, perhaps that is the thing to do.

Stop listening to his cussing, hang up on him. He is a deadbeat loser if he is not paying child support.

If he terminates rights, then there is no reason to allow him to see the child since he will be a legal stranger. Any future child support stops but he still owes arrears.

See an attorney to start the process.
 
My husband is willing to become the adoptive parent! I am just afraid now that I will pay money for an attorney and my ex won't sign to just be difficult because he is mad and make me waste my money out of revenge. I am so frustrated! How does the adoption process go? Thanks for your reply!!
 
An adoption is going to cost money so tell the bio dad to pay up and help pay for the adoption, or he needs to pay child support. One of the other. Call around and price shop several attorneys. If he does not dispute the adoption then it will probably be cheaper.

How long has it been since the bio dad has seen the child or paid support? Support is a form of contact and if he pays support but never sees the child, it is hard to get an abandonment charge.
 
He just started trying to get ahold of us in Sept.2005 and the agenda was to either get shared parenting with the drop of support or any way of getting out of support to stay out of jail, he paid $10 in Dec. 2005 and that was the last payment. He is up to something because he has several children and he is in hot water with support so he got a lawyer and I guess the lawyer is telling him what to do to look good on himself to stay out of jail. My son just turned 5 and he knows who he is, but he doesnt know him, he has only seen him a handful of times and my ex thinks now he has rights and he is saying basicly he is up to try anything to get out of hot water, even if it is to go for shared parenting. My son doesnt want to stay with him at all, he thinks of my husband as his daddy.
 
tanya24

Stacyc said:
He just started trying to get ahold of us in Sept.2005 and the agenda was to either get shared parenting with the drop of support or any way of getting out of support to stay out of jail, he paid $10 in Dec. 2005 and that was the last payment. He is up to something because he has several children and he is in hot water with support so he got a lawyer and I guess the lawyer is telling him what to do to look good on himself to stay out of jail. My son just turned 5 and he knows who he is, but he doesnt know him, he has only seen him a handful of times and my ex thinks now he has rights and he is saying basicly he is up to try anything to get out of hot water, even if it is to go for shared parenting. My son doesnt want to stay with him at all, he thinks of my husband as his daddy.
Hi I am going through the same situation as you. I was wondering the same thing. I know the stepfather wants to adopt. The bio wants to give the rights and thats what the child wants. The bio has not seen the child for almost 4 and1/2 years. He is paying child support he is not behind. He also has 3 other childern with the girl he is with. I was just wondering how I can send him the papers or what do I need to do
 
Tanya in the future please start a new thread.

You are going to need to see an adoption attorney. Once you terminate bio dads rights the child support will stop. If he agrees to it then hopefully that will save you some $$$. Call around and see how much an attorney will charge to do an uncontested termination of rights and a step-parent adoption.
 
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