+ Reply to Thread
Results 1 to 10 of 10
  1. #1
    rexx674 Guest

    Unhappy

    Can a parent sign away his rights of their child? And if so are they still required to pay child support? I live in NJ.Thanks
  2. #2
    LegalBeagle is offline Senior Member
    Join Date
    Jul 2000
    Location
    The 'Katherine Harris' Appreciation State.
    Posts
    6,046
    Originally posted by rexx674
    Can a parent sign away his rights of their child? And if so are they still required to pay child support? I live in NJ.Thanks
    1. No.
    2. Yes.
  3. #3
    MySonsMom is offline Senior Member
    Join Date
    May 2000
    Location
    Iowa
    Posts
    1,762
    If there is someone to adopt the child, it can be done. If not, no. If someone does adopt the child then child support from the biological parent that relinguished his/her rights is no longer responsible for child support, or any financial/emotional obligation.
  4. #4
    rexx674 Guest
    Thanks...my friend's ex wants him to sign away all rights to his son and continue to pay child support..she has been EXTREMELY difficult to deal with and he feels the baby is better off without him and seeing all the fighting that takes place. If he is paying he has every right to see his son..she can not keep him from the baby then? Only if she has the baby legally adopted. I think I just answered my own question..thanks again
  5. #5
    LadyBlu Guest
    Originally posted by rexx674
    Thanks...my friend's ex wants him to sign away all rights to his son and continue to pay child support..she has been EXTREMELY difficult to deal with and he feels the baby is better off without him and seeing all the fighting that takes place. If he is paying he has every right to see his son..she can not keep him from the baby then? Only if she has the baby legally adopted. I think I just answered my own question..thanks again
    If he has an order for visitation she cannot prevent him from seeing his son.

    Yes you are correct, if she has someone else that is wanting to adopt the child his parental rights end when the judge signs the adoption order.

  6. #6
    rexx674 Guest
    Its a sticky situation though, where he had signed and visition/support agreement and supposedly the papers were filed, but he has no record..the baby is 2 1/2 and he has never been able to take the child out the her home, even though the agreement stated 2 overnights a week. Now she wants him totally out of the baby's life and continue to pay. He has ALWAYS paid support (maybe 3 days late) & doctor's bills, etc...he wants to give up and not fight and I think he's nuts. She says she's taking him to court to sign away rights..is that even possible? He's working on getting a lawyer, but cant afford one really..not a very good situation. Thanks again for the help!!
  7. #7
    LadyBlu Guest
    Originally posted by rexx674
    Its a sticky situation though, where he had signed and visition/support agreement and supposedly the papers were filed, but he has no record..the baby is 2 1/2 and he has never been able to take the child out the her home, even though the agreement stated 2 overnights a week. Now she wants him totally out of the baby's life and continue to pay. He has ALWAYS paid support (maybe 3 days late) & doctor's bills, etc...he wants to give up and not fight and I think he's nuts. She says she's taking him to court to sign away rights..is that even possible? He's working on getting a lawyer, but cant afford one really..not a very good situation. Thanks again for the help!!
    Let her petition all she wants.. she cannot have her cake and eat it too.. he can contact the district clerk at the courthouse that the original orders are filed in to get a copy of the original decree.

    If she does petition to have his parental rights revoked he needs to counter her suit with a petition for contempt of court for interference of visitation. The courts do not look kindly on anyone depriving the other parent of their rights to access the child as ordered by the court.

    In fact, if he could find an attorney he can go ahead and petition the court now for her contempt, for not allowing the visitations.


    This is a big problem with alot of men it seems, they would rather not have to deal with the courts and the bickering, and give up what little rights they have to their children, down the road in later years they all regret it..
  8. #8
    MySonsMom is offline Senior Member
    Join Date
    May 2000
    Location
    Iowa
    Posts
    1,762
    She can't take away his rights (well actually the courts) unless there is abuse or neglect on his part. She is full of sh*t. If this Father wants to be in the childs life, then he needs to file for visitation...then she has no choice than to allow him to visit the child. If she had someone to adopt the child and he agreed, from the date the adoption was final he would have no finanical obligation to the child (child support) So she is even more full of sh*t saying that his rights can be terminated and still pay child support...
  9. #9
    rexx674 Guest
    Thats absolutely what I thought..the problem is that she has in his head that he's not worthy to be a father. There is a small problem though..he had his license revoked for 6 months(2 months to go) because of a DWI...so she doesnt trust him..but the baby was NEVER allowed out of her home with only him..she always was there, even before the arrest. Once his license was revoked he took a cab over..then she changed her schedule and his days off were not hers..she wouldnt let him see his son without her being there...the girl is screwed up!! Now the issue is more, how do I get him take put his foot down and fight this battle he doesnt want to fight? Also he has very few records of paying child support because he always paid in cash...could that really screw up his chances for visition??
    Thank you sooooooo much for the help..its been wonderful to get some feedback on the issue!!!!
  10. #10
    MySonsMom is offline Senior Member
    Join Date
    May 2000
    Location
    Iowa
    Posts
    1,762
    First of all, if this guy doesn't want to be a Father to his child there is nothing you can do about that. He is not obligated to be a Father, he however is obligated to support this child for the next 18 yrs. So if he doesn't have the intiative to be in this childs life, that is his decision. (whether I agree or not) If he wants to have visitation with the child then he needs to file for visitation. Simple as that. One other thing...NEVER PAY CHILD SUPPORT IN CASH! Most likely, he will have to repay all of those payments that he paid in cash...it's called arrears. He has gotten himself in a sticky situation..He can either

    1. Pay up and go to court for visitation

    2. Pay up and continue to pay with the Mother calling every shot..

    Good luck!

Similar Threads

  1. Replies: 1
    Last Post: 09-20-2011, 03:57 AM
  2. Can parent in Canada sign form 8332?
    By michaelmikl in forum Tax Law
    Replies: 0
    Last Post: 02-15-2007, 12:01 PM
  3. Replies: 45
    Last Post: 05-05-2005, 08:03 PM
  4. can non custodial parent sign marriage license?
    By belindar in forum Marriage, Domestic Partnerships and Other Family Law Matters
    Replies: 1
    Last Post: 07-20-2001, 11:11 PM
  5. How do I sign away rights as a parent in MD?
    By luckyoneotc in forum Child Custody & Visitation
    Replies: 1
    Last Post: 03-28-2001, 12:44 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.