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My ex want to sign all rights over

Discussion in 'Child Custody & Visitation' started by Sunshine813, Apr 4, 2015.

  1. Sunshine813

    Sunshine813 Law Topic Starter New Member

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    My soon to be ex husband wants to sign over all his rights for our 5 children just so he doesn't have to pay child support any more. He is the father of all of them and signed all of their birth certificates!! Can he sign all of his rights over just because he don't want to pay child support any more?

    My son is 5 years old and his father has been absent from his life since he was 11 months old. Our son was planned. We both, together, decided that we wanted to have a baby. Our relationship was going very well until he made some very poor decisions, such as starting to drink excessively and quitting his job with no intentions of getting another one. I was forced to quit working fairly on in the pregnancy due to health issues. Health issues that he was fully aware of and that were discussed when deciding to have a child. When my son was 11 months old we split up. I was to the point that I had to put my son's well being before trying to make our failing relationship work. When we did split up, the father decided he did not want to be our son's father and disappeared out of state.
    Very recently he sent me a message through facebook saying that he "wronged" our son and that he wants to make it up to him. I'm not against him being in our son's life. I am worried that he may try to take him, however. He is on the birth certificate and our son does have his father's last name. He said he is willing to sign over his parental rights; is this possible to do? I'm not married or in a relationship. We did have a court date for child support in January 2011 that the father did not show up for. I have not since heard anything about the matter other than being told that the support would start to be "counted" at that time and that there was a warrant for his arrest. With him basically "abandoning" our son, not seeing or even trying to contact him for over 4 years, and his willingness to relinquish his rights, is this a possibility? Also, he is an admitted alcoholic that is currently in treatment. Another reason that I would like to have his rights terminated is because I would like to have the sole responsibility for making decisions for our son, such as medical and educational decisions.

    Is there anything that I can do to ensure that he can not legally take my son? I know that, as of now, if he were to take my son that there is nothing I could legally do to get him back.
    I'm not concerned with the money, just the safety of my child.
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    Last edited by a moderator: Apr 6, 2015
  2. Betty3

    Betty3 Super Moderator

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    Nope, he can't do that & get out of paying child support.
     
  3. shrinkmaster

    shrinkmaster Well-Known Member

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    Not going to happen! The only way he can sign over his parental rights is if there is a willing step parent to step in as legal parent. Since your not even Divorced yet that is not an option.
     
  4. Proserpina

    Proserpina Moderator

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    Nope. He's not going to be doing that.
     
  5. mightymoose

    mightymoose Moderator

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    If you have has contact with him you might want to share that with the child support agency. If he owes they have ways if tracking him down.
    No parent can simply sign away rights to a child. I'm not sure where that term even comes from. We tend to hold people to be more responsible than that.
     

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