Legally sign away responsibility? California

[stuck11]

What is the name of your state? Ca

I know one can sign away parental rights, but can both parties agree to permanently release the other out of financial responsibility? If both parents agree, can one parent sign away their responsibility w/o having to worry about future drama regarding child support? If so, can this be accomplished through legal documents alone or would a court appearance be necessary? To be clear... we're talking about an unborn child.

I came across this site while searching for a family law lawyer to consult with. The board seems pretty active so I figured I'd give this a shot first. Any help would be greatly appreciated. Also, feel free to recommend any good lawyers in the S.F Bay Area (East Bay).What is the name of your state?

 

[TheGeekess]

It is not going to happen unless CP has been married for at least a year and the step-parent is willing to adopt. States like to have children supported by both parents.

 

[stealth2]

What is the name of your state? Ca

I know one can sign away parental rights, but can both parties agree to permanently release the other out of financial responsibility? If both parents agree, can one parent sign away their responsibility w/o having to worry about future drama regarding child support? If so, can this be accomplished through legal documents alone or would a court appearance be necessary?

Hmmm... let's stop and think for a moment... If this were possible, wouldn't a LOT of NCPs opt for this route? Yet they don't. I wonder why..... Hmmm.... maybe because.... you can't DO that w/o a stepparent adoption? That's sort of a "duh", dude.

Not even to mention that it takes a very special kind of trash who is willing to walk away from his/her kids, barring extenuating circumstances. Not to mention pushing the other parent away. Y'all picked each other - now deal with it.

 

[CourtClerk]

It is not going to happen unless CP has been married for at least a year and the step-parent is willing to adopt. States like to have children supported by both parents.

Not technically LEGALLY true in CA. There is no statute that says exactly HOW long the "second" set of parents needs to be married, however, judges like to see a stable, intact family. It's kind of up to the discretion of the judgy wudgy.

 

[TheGeekess]

Not technically LEGALLY true in CA. There is no statute that says exactly HOW long the "second" set of parents needs to be married, however, judges like to see a stable, intact family. It's kind of up to the discretion of the judgy wudgy.

Texas is also a little different in this regard; however, I will remember to use caveats next time.

 

[CourtClerk]

However, I would like to make one more comment here:

know one can sign away parental rights

One can't just "sign" away parental rights, they have to be taken from you by the court. Until that happens, you still have your rights.

If both parents agree, can one parent sign away their responsibility w/o having to worry about future drama regarding child support?

Not in the least. You cannot permanently waive your right to child support. If 15 years down the line, the CP decides he/she needs a support order, they can pursue one until the child reaches the age of majority.

 

[Ronin]

As a practical matter if two parents choose to go this route all it takes is a mutual agreement that both can abide by. As long as the two remain in agreement it can work, and actually does on rare occasions. In such cases the courts would not need to be involved at all. But all it takes is one to later change their mind about how things should be to mess things up.

 

[stuck11]

Hmmm... let's stop and think for a moment... If this were possible, wouldn't a LOT of NCPs opt for this route? Yet they don't. I wonder why..... Hmmm.... maybe because.... you can't DO that w/o a stepparent adoption? That's sort of a "duh", dude.

Not even to mention that it takes a very special kind of trash who is willing to walk away from his/her kids, barring extenuating circumstances. Not to mention pushing the other parent away. Y'all picked each other - now deal with it.

Wow... thanks for the help and insight. I know that I didn't give all the details of my story, but I felt there was enough to get some answers. I've edited my original post to add this involves an unborn child. After reading replies, I felt that must be important because of all the stepparent talk. Your first paragraph sounds like I'm trying to cheat my way out of something. This is a mutual agreement. I'm simply trying to protect myself with something more than an ex saying "I don't want or need anything from you." Like Ronin said, "all it takes is for one to change their mind". I was asking if it's possible to avoid that.... legally. According to CourtClerk, it is not possible. That is exactly what I was looking for. I wasn't worried about how you rate "trash".

 

[CLBKLCDTB]

Wow... thanks for the help and insight. I know that I didn't give all the details of my story, but I felt there was enough to get some answers. I've edited my original post to add this involves an unborn child. After reading replies, I felt that must be important because of all the stepparent talk. Your first paragraph sounds like I'm trying to cheat my way out of something. This is a mutual agreement.

I'm simply trying to protect myself with something more than an ex saying "I don't want or need anything from you."

A little to late to be worring about protecting yourself




Like Ronin said, "all it takes is for one to change their mind". I was asking if it's possible to avoid that.... legally. According to CourtClerk, it is not possible. That is exactly what I was looking for.

I wasn't worried about how you rate "trash".

Hey if the glad bag fits.....ya know?

 

[moburkes]

Wow... thanks for the help and insight. I know that I didn't give all the details of my story, but I felt there was enough to get some answers. I've edited my original post to add this involves an unborn child. After reading replies, I felt that must be important because of all the stepparent talk. Your first paragraph sounds like I'm trying to cheat my way out of something. This is a mutual agreement. I'm simply trying to protect myself with something more than an ex saying "I don't want or need anything from you." Like Ronin said, "all it takes is for one to change their mind". I was asking if it's possible to avoid that.... legally. According to CourtClerk, it is not possible. That is exactly what I was looking for. I wasn't worried about how you rate "trash".

You protect yourself from child support before conception. After conception, your protection is the law that states that every child has the RIGHT to be supported by both parents - and that one parent cannot waive the rights of the children.

 

[stuck11]

Moburkes... thx for the honest answer.

 

[Ronin]

In hindsight I came across as a bit nonchalant about this issue, which was not my intention.

Any competent attorney would certainly advise the mother against even considering such an option. Any father who would attempt to shirk his duty and responsibility to his child in this manner without a well qualified individual willing to step in and adopt the child is pretty low and reprehensible.