Can a father give up total custody to the mother and not have to pay child support?

[sabrinahannah]

My daughter is now 3 years old. Her father hasn't been there her whole life but is paying child support? He says in the state of Kansas he can give up his part of custody to me and not have to pay child support any longer. I'm getting married soon and would like my husband to adopt my daughter. If this is true it might make things a little easier for my husband to adobt her.

 

[Esimon1]

As far as I know, you and your daughter's biological father should go to Child Support, and tell them you would like bio father to sign off on his parental rights, they would know where to send you and how to go about it. It is better if you're there with him to show that it is agreed. I believe you will then have a court date to make it final, and your husband can file papers at the health department to adopt her. Keep in mind, your husband won't be able to do this unless biological father consents.

 

[kat1963]

Since it sounds like he's agreeable just do a step parent adoption. He can't terminate his rights to get out of paying support (without your permission)...and really, the courts don't like to b*st*rdize children.
KAT

 

[$depp$]

I agree with kat1963. After you marry, go to the courts to file adoption/termination of parental rights petition. It will be done in one action. I am going through the same exact thing. At our last custody mediation, I was told that they will not terminate parental rights without another to take its place. In the meantime, I was awarded sole custody. This means that he is still obligated for CS pmts, but visitation is at my discretion. Basically, it means he's still the father on paper.

Good luck

 

[TNBSMommy]

no, he cannot just get out of his CS. My ex as of now does not even have visitation with my children. He hasn't had it for almost a year. But he still owes me CS, not that he pays it.

There would have to be someone there to take his place in order for you to get his rights signed away, so when you get married, then address the issue,by filing with the courts..... He could fight you on it, but it sounds like he probably won't if he realizes it is the only way to get out of paying child support.

Good luck to you.