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signing over parental rights

Discussion in 'Adoption' started by anony14, Feb 19, 2014.

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  1. anony14

    anony14 Law Topic Starter New Member

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    I have 2 kids by my ex. She has currently moved to california with my 2 kids from north carolina where I still reside. She married a Marine and he got stationed there which is why she moved. I am married and have another child now. We don't have any kind of custody agreement but she refuses me to talk to mi kids and won't give me her address. I am paying $340 a month to her in child support and it is causing my current family to go without. I have asked her if she would agree to drop my child support if i sign my rights over and she said yes but by law her husband would have to adopt them in order for me to sign them over. Is this true? Also what would I have to do to guarantee that my child support would be dropped if I sign my rights over? I'm having a really hard time with this cause I don't want to sign them over but I don't have a choice if I want my wife and daughter to have a roof over their head and food in their bellies. Can someone please tell me what the laws in california are for a father to sign their parental rights over? And since the kids were born in north carolina and they just moved to california would they go by laws here in nc or there?
     
  2. KatDini

    KatDini Well-Known Member

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    How long has Mom been married to the Marine? How long has Mom been in California?


    If you terminate your parental rights, you will no longer be the legal father of those two children and you will have no rights and no obligations. You will be reduced to a 'sperm donor'.

    Without a court order for visitation, Mom doesn't have to do diddly.
     
  3. anony14

    anony14 Law Topic Starter New Member

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    They got married in november and moved to california 3 days before christmas. So does her husband have to adopt them in order for me to sign my rights over? Will I still have to pay child support if I sign my rights over?
     
  4. KatDini

    KatDini Well-Known Member

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    Then they've not been married long enough for the State to consider terminating your rights so Marine can adopt them. That marriage has to last at least a couple of years before any kind of termination of your rights can be considered.

    Once your rights are terminated, your obligation to support is terminated also. However, if you owe arrearages, those will continue to be owed.

    Practical advice: Find another job. Wife needs to get a job. That's all you can do at this point.
     
  5. anony14

    anony14 Law Topic Starter New Member

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    Also my kids had medicaide when they lived here will my arrears be dropped or does she have to agree to that? And will the state still make me pay the arrears since they had medicaide?
     
  6. KatDini

    KatDini Well-Known Member

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    No. You owe those arrears. either to the state or Mom. Many states will not let one forgive arrears to have the NCP sign off parental rights. Smacks of selling human beings.
     

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