signing over legal rights

[jamiemjtucker]

I have an 11 and 8 year old with my ex husband. He has a huge amount in back child support, we have been to court to reduce his amount and get his contractors license back so he can get back to work in order to make money and hopefully pay something. The courts still have his license on hold and aren't giving it up. He wants to have a lawyer draw up a contract between the two of us so that we can drop the case with the courts and reinstate his license. He says that he knows he owes monthly and with him working again he would be able to pay. I am leary about the whole thing. What can be done if he doesn't pay?

I want to propose to him that he sign over legal rights of both kids. He would still be able to see them when he and the kids see fit. He gets them 3 weekends out of the month now. With him signing over those rights I would in turn drop all court charges. Is this possible or even make sense? I want the kids to be able to choose when they go over there because 90% of the time they don't. I want to be able to sign the kids up for activities w/o going through him because they land on his weekends.

Please help with any advice....

 

[jacksgal]

Unless yor married and your curernt husband wants to adopt this isnt going to happen

 

[jamiemjtucker]

I am married and my husband would love to adopt... just not sure if going the route with a lawyer is worth the risk or if putting this out on the table would be best. what is the cost and such of signing over rights and such?

 

[jacksgal]

As with any legal action its always best to use the services of a qualified Attorney. Many ofer free consultations you can discuss costs at that time

 

[jamiemjtucker]

so just to make it clear to me... in order for him to sign over legal rights my husband has to adopt? And legal rights and parental rights are the same?

and my ex would have to agree to the adoption?

 

[army judge]

Children are not chattel.

Slavery, along with the concept of people owning people, ended when our country adopted the 13th amendment!

Parents aren't able to just sign away property rights in children, much as one does with real and/or personal property.


That said, if dad is allowed to give up his parental rights, that won't alleviate him of his legal obligation to pay his court ordered child support.

It can't hurt for you to consult with an attorney in your area to discuss this matter.




That way, you'll become acquainted with what dad is able to do, as well as yourself.

The big pink elephant that is sitting unnoticed in your living room is your state government.


If you've availed yourself of state services and payments to assist in raising your children, the state isn't going to be so eager as to allow a big fish (dad) to wriggle off the hook.

And, even if you have not availed yourself of taxpayer assisted payments, look for the state to chime in against dad signing away his paternal rights.

Finally, dad might be allowed to sign away his parental rights, as regards your children; but he'll probably be stuck with his unpaid child support tab!!!!

I have an 11 and 8 year old with my ex husband. He has a huge amount in back child support, we have been to court to reduce his amount and get his contractors license back so he can get back to work in order to make money and hopefully pay something. The courts still have his license on hold and aren't giving it up. He wants to have a lawyer draw up a contract between the two of us so that we can drop the case with the courts and reinstate his license. He says that he knows he owes monthly and with him working again he would be able to pay. I am leary about the whole thing. What can be done if he doesn't pay?

I want to propose to him that he sign over legal rights of both kids. He would still be able to see them when he and the kids see fit. He gets them 3 weekends out of the month now. With him signing over those rights I would in turn drop all court charges. Is this possible or even make sense? I want the kids to be able to choose when they go over there because 90% of the time they don't. I want to be able to sign the kids up for activities w/o going through him because they land on his weekends.

Please help with any advice....

 

[Proserpina]

Basically, if Dad allows your husband to adopt, he is no longer the father. He no longer has children (with you, at least).

He will no longer be obligated to support them, although the arrears generally won't disappear.

IF you decided to go ahead with the stepparent adoption (assuming Dad agrees - you WILL need his consent), you should be prepared to answer this:

If you and your current husband divorce, are you going to be okay with him getting custody and you paying child support?

If you and your current husband divorce, is HE going to be okay paying child support for non-biological children?

 

[army judge]

Hmmm, them is sum hard questions, them is.

Them kinda questions makes me head hurt with thoughts.

But, them is sum darn good questions, them is.

Yup, you do axe them durn good questions.

Basically, if Dad allows your husband to adopt, he is no longer the father. He no longer has children (with you, at least).

He will no longer be obligated to support them, although the arrears generally won't disappear.

IF you decided to go ahead with the stepparent adoption (assuming Dad agrees - you WILL need his consent), you should be prepared to answer this:

If you and your current husband divorce, are you going to be okay with him getting custody and you paying child support?

If you and your current husband divorce, is HE going to be okay paying child support for non-biological children?