if he signed over rights does he still have to pay?

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scaredtiger

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Ok so i was talking to a friend again and she said that i was stupid for not going after child surport for my daughter. Now her biological father had signed over his rights, he is married now and wants nothing to do with us. we were never married and he signed them over before the paternity test, even though he is the father i was with no one else. it was a domestic volenice restraing order before and three years after that he signed the rights over. this was four years ago that he did that now. but she is telling me that i still can i don't think she is right on that because that was the whole reason , but she looked it up finding that he did have too... also i was in florida at the time i had her........ i now live in north carolina and her biological father last time i heard lives in Indiana with his new wife.... again this was four years ago. but a friend and i were talking about this recently....
 
Yes, you can.
How exactly did he give up his rights to the child? Chances are what he did has no legal significance. He is still the father and still responsible.
 
He signed over his parental rights how? This could not have been done through a court! Its very unlikely a court would grant such an action without a willing step parent to adopt.
 
Agreed. He may have signed over custody (or at least signed something that effectively gave him no custodial rights), but actually termination his rights and obligations voluntarily just isn't going to happen outside of a stepparent adoption in the states mentioned.
 
he did it as custordy, at the time giving full to me, at the time was so no child surport or anything was his excuss, and i just wanted custordy of her and not to worry about him comming back, my thing was if he is paying surport, then him wanting to see her and honestly it was a bad abusive yea. we are better off. but i keep going back to this because times are hard and with the job market being the way it is and all.... but it was done threw my lawyer, not in a actal court, he never showed. like not before a judge the laywer send a paper he notarized and signed it.

also how would i even go about this can i just go threw the state i know they ask this stuff on my foodstamp app every time i renew it......
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and would it change as in cant get it anymore if i were to get married (boyfriend told my best friend he is gonna purpose to me)
 
went reading another and in this case it was never put before a judge, when he signed over the rights... they did not do a parentinity test or anything at the time either. it was just signed sent back and the laywer had it. to be honest i dont think i have a copy of it.
 
Not only is his letter regarding rights not enforceable, your custody order may also be unenforceable. These things MUST come from the court. The notary means nothing. Promises you make to each other mean nothing.
If you pursue child support expect to be challenged for child visitation. The more time he spends with the child the less he is likely to owe in support.
 
In other words, if he's paying child support his has every right to petition for visitation.

In fact, he has every right to petition for visitation even if he's NOT paying child support.

You have custody, yes - but he has not terminated his parental rights and obligations. And custody can change.
 
scaredtiger said:
he did it as custordy, at the time giving full to me, at the time was so no child surport or anything was his excuss, and i just wanted custordy of her and not to worry about him comming back, my thing was if he is paying surport, then him wanting to see her and honestly it was a bad abusive yea. we are better off. but i keep going back to this because times are hard and with the job market being the way it is and all.... but it was done threw my lawyer, not in a actal court, he never showed. like not before a judge the laywer send a paper he notarized and signed it.

also how would i even go about this can i just go threw the state i know they ask this stuff on my foodstamp app every time i renew it......
'
and would it change as in cant get it anymore if i were to get married (boyfriend told my best friend he is gonna purpose to me)
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Even if this happened, it can be revisited.

The support is for the child.

Contact your state's child support collection agency.

Trust me, they'll get you some money, because they want you off their back (potentially) and they get a small rake for getting you some loot for the kid.

Good luck, happy collecting!!!

Don't fret over visitation, he'll raise a little ruckus to scare you away.

He has no interest in paying or visiting the kid.

Get the kid's money, honey.

NC, okay, read the information on the state's collection agency:

http://www.ncdhhs.gov/dss/cse/collections.htm

http://www.ncdhhs.gov/dss/cse/custodial.htm
 
Amryjudge so should i go to talk to dss then?? i dont think he'll want to see her i mean after the 3 years when i found him to do so he told me "you not even a memory to me" they he had remarried and got the papers notierzied and sent back to my laywer. and no guys it didnt go before the judge because lawyer then wanted another amount of money for that. which pissed me off he was a family friend who helped my brother alot and then wanted so much form me. i doubt he'll want to see that. but Army would they go back to wanting it for the last 7 years he want in her life too the back of that? i say 7 years because he hasnt seen her since she was 1.... and the whole reason we had the huge fight and him leaving marks that my friends called the police on was over the whole child surport and having to pay. and yes he did make threats to take her in the middle of the night and all of that.
i'll talk to dss maybe make a call to my caseworker and see what she says about this then. i dont think he'll want to to see her after how he was so quick to get us out of his life. but considering times are hard right now yea.
 
Nope - you're not going to get 7 years' worth of child support.

And it's very, very common for a parent to suddenly show interest in seeing the child that they're "paying for".
 
scaredtiger said:
Amryjudge so should i go to talk to dss then?? i dont think he'll want to see her i mean after the 3 years when i found him to do so he told me "you not even a memory to me" they he had remarried and got the papers notierzied and sent back to my laywer. and no guys it didnt go before the judge because lawyer then wanted another amount of money for that. which pissed me off he was a family friend who helped my brother alot and then wanted so much form me. i doubt he'll want to see that. but Army would they go back to wanting it for the last 7 years he want in her life too the back of that? i say 7 years because he hasnt seen her since she was 1.... and the whole reason we had the huge fight and him leaving marks that my friends called the police on was over the whole child surport and having to pay. and yes he did make threats to take her in the middle of the night and all of that.
i'll talk to dss maybe make a call to my caseworker and see what she says about this then. i dont think he'll want to to see her after how he was so quick to get us out of his life. but considering times are hard right now yea.
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Who knows what some people will do?

That said, you know him better than any of us.

But, what we see is that these deadbeats talk a lot of "mess", "smack", "trash", and "junk"; but do very little.
Yeah, he might come slithering around a couple times, those will likely be his supervised visits.
Those could cost him more money to pay to the supervising social worker, so after he's dropped a couple bucks, those visits tend to taper off to NOTHING.

Deadbeats just gotta keep on being deadbeats.

You be smart, don't listen to his lies, because that's all he's ever done, LIED.

Be a good mom, talk to your caseworker, talk to your trusted relatives, and your best friends; then you decide what YOU want to do.

You're the BOSS of YOU and your KID.
 
ok i will talk to a few friends and see what they say. one being my best friend also my current bf and fiance see what he says and all. but i'll see what is said and all. yea he picked drugs over us so wither or not he is better i dont know, but i do know that my daughter doesnt remember him and calls my current bf her dad. but i'll see what my family and all says because times are hard. and if he starts stuff i can always say the state was pushing for it because it was never finalized in court. and yea your right about the lieing that is so ture.
 
what does that mean??? her biological father wanted nothing to do with her and she kept crying cuz of this. so bf took over that role for her. and we have been together for over two years. it just makes her happy to know she has a daddy that loves her and cares about her.
 
Why on earth would she be crying? Who was telling her that Dad wanted nothing to do with her?

That can be seen as an extremely blatant effort to remove Dad from the equation - and the courts do NOT like that.
 
scaredtiger said:
what does that mean??? her biological father wanted nothing to do with her and she kept crying cuz of this. so bf took over that role for her. and we have been together for over two years. it just makes her happy to know she has a daddy that loves her and cares about her.
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Doesn't matter courts frown on this can of action unless there is a step parent adoption on the way or Dad is deceased or some other factor. Neither you or Mom can decide who "Dad" is. When you do this you set up a legal action by real Father to claim parental alienation
 
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