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Old 02-16-2005, 06:25 AM
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Join Date: Feb 2005
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Angry

giving up rarental rights


What is the name of your state? Illinois My question is, my son has recieved a letter from the mother of his daughter, he has not paid enough child support she has stated this in a letter, she then proceded to state that she would be willing to drop all past child support if he would give up parental rights, she also states that we as the grandparents would still be able to see her. what happens when parental rights are given up and how would this affect the child. My son is bipolar and has a hard time holding a job he has been able to send some support but not all that they are requesting. Child support has been court ordered in state of Missouri, they have since moved to Illinois where my son lives. Would this affect the child support payments by changing states, would she also give up her last name and be able to be adopted by her mothers new husband?


Please give some advice for this is heartbreaking to a grandmother. Thank you.
  #2  
Old 02-16-2005, 06:45 AM
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Join Date: May 2002
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Pretty much the only way that he could give up his parental rights is by the child being adopted by the stepfather. As long as any part of the support arrearage isn't owed to the state (i.e. was Mom ever receiving state aid?), Mom can waive the back support - but I wouldn't necessarily count on it.

As for allowing you to continue contact with the child..... That would be pretty much up to Mom w/o a court order. You may have grounds to petition for your own visitation, but the odds are 50/50 or worse for you getting it.

If the arrearages were paid off - would your son be able to pay the ordered support?
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  #3  
Old 02-16-2005, 06:45 AM
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Join Date: May 2004
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Quote:
Originally Posted by mommalynn
What is the name of your state? Illinois My question is, my son has recieved a letter from the mother of his daughter, he has not paid enough child support she has stated this in a letter, she then proceded to state that she would be willing to drop all past child support if he would give up parental rights, she also states that we as the grandparents would still be able to see her. what happens when parental rights are given up and how would this affect the child. My son is bipolar and has a hard time holding a job he has been able to send some support but not all that they are requesting. Child support has been court ordered in state of Missouri, they have since moved to Illinois where my son lives. Would this affect the child support payments by changing states, would she also give up her last name and be able to be adopted by her mothers new husband?


Please give some advice for this is heartbreaking to a grandmother. Thank you.
I am sure that her husband adopting the child is the entire purpose behind asking him to give up his parental rights. Yes, the child's last name would be changed.

Your son would become a legal stranger to the child and no longer have any rights whatsoever regarding the child. Technically, you would no longer be the child's grandparent either....although it sounds like mom wouldn't cut you off from contact with the child.

Legally you don't have any imput into this decision. However if you don't want this to happen then you need to help your son to grow up and be a responsible father. Bipolarism can be controlled with medication therefore there really is no excuse for him to not hold on to a job.
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