What do I do?

[jroberts]

My ex-husband is currently $15,000+ in arrears in child support as of May 1st. It's an arrangement we have come up with between ourselves. He has no interest in seeing his 2 boys. Hasn't seen or talked to them in over 3 years (they are only 7 and 8). My current husband of 2 years would love nothing more than to adopt thembut my ex will not even talk to me. He knows he is behind a lot and would rather just not talk to me rather than come up with another excuse. How do I get him to sign over his rights so my husband can adopt them?

 

[army judge]

My ex-husband is currently $15,000+ in arrears in child support as of May 1st. It's an arrangement we have come up with between ourselves. He has no interest in seeing his 2 boys. Hasn't seen or talked to them in over 3 years (they are only 7 and 8). My current husband of 2 years would love nothing more than to adopt thembut my ex will not even talk to me. He knows he is behind a lot and would rather just not talk to me rather than come up with another excuse. How do I get him to sign over his rights so my husband can adopt them?

Dad can NOT just "sign away his parental rights".

This is especially hard to accomplish if you have ever received public assistance.

This will be even more difficult as long as he owes $15,000 in child support arrears.

I suggest you discuss your desires with a local attorney.

The initial consultation is normally free.

But, you can ask lots of questions and begin to understand how difficult this will be.

One final note on the child support arrears.

In VA, (as in many states) Dad could still be responsible for paying his back child support.

Dad might still owe the FIFTEEN GRAND!

 

[army judge]

This additional reading is interesting.

Not all of easy these remedies are available to you 8, 9 years later.

1198-06-4 Parental Rights - Lewis v. Sharman 12/12/2006
Trial court erred in ruling the case could proceed on the petition of the guardian ad litem; trial court's decision terminating appellant's residual parental rights to his child is reversed

3010051 Parental Rights - Glenn R. Cartwright v. Kimberly R. Cartwright 10/24/2006
Trial court did not err in holding that Code Sections 16.1-277.02(C) and 16.1-278.3(D) do not permit a non-custodial parent to petition for voluntary relinquishment and termination of parental rights, and in awarding appellee attorney's fees; trial court's dismissal of appellant's petitions to voluntarily relinquish his parental rights is affirmed

1220052 Parental Rights - Richmond Department of Social Services v. Ashley Crawley 01/31/2006
Trial judge did not err in denying the petitions to terminate appellee's residual parental rights as the department of social services did not prove with clear and convincing evidence that terminating appellee's parental rights would serve the children's best interests

1653064 Termination of Parental Rights - John Hart v. Arlington County Department of Human Services 05/15/2007
Trial court did not err in denying appellant's request for a continuance and finding that termination of appellant's parental rights was in child's best interest




http://www.jenningsandjennings.com/PracticeAreas/ParentalRightsCases.asp

In Virginia, the court can terminate the birth father's rights without his consent under certain circumstances. If the birth father is convicted of rape or incest, and the child is the result of that crime, the judge can terminate the father's parental rights.

If a birth mother is unable to reasonably ascertain who the birth father is and signs an affidavit to that effect, the judge can waive birth father consent and terminate his rights (Code of Virginia 63.2-1203, A3).

Failure of a birth father to respond to a notice of termination letter within 15 days of receipt or not appearing at a hearing involving the case constitutes a waiver of the birth father's objection and can result in the termination of his rights.


The parental rights termination laws in Virginia are outlined in the Code of Virginia, Title 63.2, Chapter 12. Virginia recognizes four types of birth father: the acknowledged birth father who is genetically proven to be the father or acknowledges being the father; the adjudicated birth father who is determined through judicial procedure to be the birth father; the presumed birth father who is or was married to the birth mother within 300 days of the child's birth; and registered birth father who has filed with the putative father registry.

Instructions​

1 Locate all possible birth fathers. Names and last known addresses of all possible birth fathers need to be provided by the birth mother to the social worker or lawyer involved in the case. Further, the names, including the birth mother's, need to be searched in the putative father registry.
2 Send a letter outlining the termination information, the birth father's rights and termination documents by certified mail to all possible birth fathers. The letter and corresponding documents are drafted and sent by the lawyer or social worker involved in the case. In the case of termination because of adoption, the birth father has 15 days under Virginia law to respond to the letter either by contesting the termination or voluntarily signing and sending back the termination documents.
3 Submit documentation to the circuit or domestic relations court in the county where the child was born or is residing. This documentation should include the signed termination papers from the birth father. If the birth father didn't respond, provide the certified mail receipt as evidence that attempts were made to notify him. If the birth father contests the termination, the social worker or lawyer can present evidence as to why his rights should be terminated. The judge has final say as to whether it's in the best interest of the child to have the birth father's rights terminated.





http://www.ehow.com/how_6564258_terminate-father_s-parental-rights-virginia.html#ixzz1NEeUSY7z

 

[nurse1136]

My ex owed thousands. I contacted "Dead beat Dads". Kansas flew to NJ, brought him to KS to jail and now his paychecks are being garnished. If he applies for a new job, when they run his background check, that new job will deduct his wages for support. It took me 9 years to figure out how to do that. Look online. My husband now considers my son, his son. He said that he doesn't need a piece of paper for that. My son will be an adult in 1 1/2 years anyways.

 

[Proserpina]

My ex owed thousands. I contacted "Dead beat Dads". Kansas flew to NJ, brought him to KS to jail and now his paychecks are being garnished. If he applies for a new job, when they run his background check, that new job will deduct his wages for support. It took me 9 years to figure out how to do that. Look online. My husband now considers my son, his son. He said that he doesn't need a piece of paper for that. My son will be an adult in 1 1/2 years anyways.

NONE of this is relevant.

NONE of it.

Please - don't post unless you either know the laws regarding the OP's state or can provide valid information.

And seriously - I don't know who the flying heck told you that every new job will automatically garnish your ex's wages, but they are DEAD wrong.

You know why?

Go on - do some research and then come back and tell me