giving up parental rights

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hankp

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My husband has two children ages 5 and 7 from a previous marriage. He adores his children and wants what's best for them. His ex is remarried and does everything she can to keep him out of the kids lives except for the few days a month that she is required by the court to let him see them. He pays child support but she is constantly trying to get more money out of him and has told him that if he gives her full custody that he won't have to pay child support anymore. My husband is tired of battling with this woman and doesn't want the kids to be in the middle of this anymore. He's seriously thinking about giving up his rights so the kids can have a more stable home life. We don't know what to do; any advice would be appreciated.
 
tough one

You can do this. I would hire A lawyer to do the paperwork stating that he has no legal custody of the children anymore and does not have to pay. But remember that after this is done the ex can change the last name of the children to whatever she wants. Also, the step father can adopt the children. You really need to take a long look at this and think if it is really better for the children. Being that the children are 5 and 7 and they know that your husband is their father how do you think it is going to affect them over the years? Why did our dad not want to see us anymore (even if he wants to he will not be able to contact them in any way). This is a tough decision that only he can make and he should have his currents wife support no matter what his decision is. My ex would try anything to keep me away from my son but I would still pick him up on my days, go to all of his school functions. (my wife stated to me that I could not go to parent teacher conferences or functions because her new husband was there, guess what she has to deal with it and my son is happy I am there) When he becomes older and wiser he will make the decision if I was there from him when he needed me and whether he wants to spend time with his old man or not. If he ever decides he does not want to spend time with me and you feel more normal with just being with his mother and her new husband then he can make that decision. I would guess that would never happen though.

Good luck
 
Why does your husband allow this woman to play these games? If he wants more custody, he needs to go to court for it and she MUST abide by any visitation decree or she is in contempt.

It is a terrible idea to sign over rights if he loves these kids. How would it be in their best interest?

It's time for dad to get aggressive with her and file contempt charges everytime she keeps the kids from him on a court ordered visit. If he wants more time with them, he needs to ask for it by filing a visitation change.
 
How is she able to keep making him pay more child support? The courts don't allow this unless he is getting more income. Child support is based on income and if his income isn't changing then she can't get more money.
Technically, she doesn't have to let him see the children more than what is stated in the visitation papers. If she is not letting him see them on his weekends or whatever days it states, then she can be held in comtempt of court. If he wants more visits with the children he can take her to court and ask for more. The judge may grant it. He could also fight for joint custody based on the fact that he feels that she wont let him have enough time with them. It doesn't hurt to get a consultation with a lawyer and ask what can be done about it.
Don't let him let her and her new husband get in the way of seeing the kids. Just because he is in their life doesn't mean that the kids don't want their real dad. She's just trying to make it difficult so he will give up and let her win.
Good luck.
 
This guy I know has been going through a really bad time with his ex wife ever since they got divorced. She does not want him to see his children ages 4 and 6 any longer. The kids do not want to see their father either because she puts stuff into their heads. She takes him to court all the time and blames him and his family for serious things. He wants to give up his rights because she keeps winning in court and all its doing is giving him stress. What happens when he gives up his rights? Does he still have to pay child support?
 
Read the above posts.

you cannot just give up your rights because mom is a B#tch.

He should see about filing for custody, or at least getting an attorney to help install his rights.

The kids are too young to decide that they do not want to see dad. She MUST abide by any visitation schedule set up or your husband can file contempt charges. You do not need an attorney for that.

I think it is sad that your husband would even consider doing this. It is not in the best interests of the kids, nor would a judge approve this just because mom wants to be difficult.

These are his children, he should book a consultation with a family law attorney.
 
deadbeat dad sign over rights

Well I have read some of these situations and a lot point to the mother. Well I am a single mother of a 3 year old who has no idea who her biologicial father is because he hasn't seen her since she was almost 2 months old. He said he would call in a few weeks to see her and i didn't hear from him for 3 months and at that time he did it again and I didn't hear from him for over 2 years. I filed a child support thru my county and he has never paid on his own free will. When child support finds where he works, he quits and tries to find work under-the-table and he freeloads off of his kinda girlfriend. He's asked me to see her one time and that was when he found out that he will be facing criminal charges for not paying support. I asked him to sign his rights away and in a heated agrument he said yes! I just wanted to hear from other people what I should maybe do and anyone who has any thoughts to this is much appreciated.
 
Again, unless there is a step-parent willing to adopt, he cannot sign over his rights. Somebody needs to take financial resposibility for the child.

The courts wil not allow it unless there is a step-father that has formed a parent-child relationship.

It is up to you on whether you want to deal with the headache of chasing him for support and him asking for visitation..

You chose him to be the father so now you have to deal with it.
 
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