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"Step-parent adoption" versus "signing over rights"

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the go to guy

Junior Member
What is the name of your state? Alabama


Hello, thanks for taking the time to read my post..

My sons mother has agreed with me that if i "sign over my rights" that she will "stop all future child support payments."

Although she is recently married, it is still about 11 more months before the step father is eligable to adopt, and even then the big question is will he agree to it.

So I would like to know if she has the power to stop the future payments immediately when I "sign over my rights"? This is what we have both agreed to in a calm, adult manner, and would like to get this "show on the road" as quickly as possible.

But knowing the dept. of human resources, and the courts and whatnot, are they going to make this difficult or impossible, even though this is what we both want?
 
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Phnx02

Member
the go to guy said:
What is the name of your state? Alabama


Hello, thanks for taking the time to read my post..

My son's mother just got married for the first time a month ago. I had been over 7 months behind in child support payments, but now I'm caught up to just a month or so behind.

Anyway, we have decided that I will waive my rights to visitation in exchange for her cancelling all future child support dues.

Now, the thing is, I originally thought that this had to be done by "step parent adoption" however it turns out they have to be married for a full year, plus the step-father has to agree to this obviously (and in the interest of good relations with my sons mom, i'm not going to be pushy - she said she wants to do the ''signing over my rights" thing - but I don't want to be snookered into signing over my rights and still be stuck with child support! you see where i'm coming from...)

So what I'm wondering is, is it possible to simply just "sign over my rights" and for her to "cancel all future child support payments?" This being done without step-parent adoption, in order to just speed things up.

So can this be done quickly and without a hassle, or will I still be liable for CS payments until (and if) the step-father agrees to adoption a year down the road? In other words, will me signing over my rights cancel future child support payments? I am not especially concerned about the past-due child support, just the future payments being cancelled.

Would really like to get this out of the way as quickly as possible since I'll be moving soon, and she's made a faith promise to me to let me see him at christmas and such.

Thank you so much
You obviously don't give a hoot about your kid and just want to get out of paying CS as soon as you can. A verbal agreement for what you descibed won't hold up in water. Nothing is legal and binding unless it's approved by a court of law. Besides, what you're really asking for is to have your parental rights terminated, so you won't have to pay child support, and it just doesn't work this way. A parent cannot just give up their rights (or obligation to support their child) just because they want to. The only way this can be done is if your ex's new husband is willing do legally adopt the child. This takes time and court hearing(s). You will still be liable for CS, including all arrears, up until the day the adoption papers are signed.

Your post doesn't make sense! You say you don't care about ever seeing your son again, and your ex is in agreement to this, yet she's promised you can visit him next Christmas "and such?"
 

the go to guy

Junior Member
Well I had shortened my post after you got to it. The thing is I am sick and tired of all this court stuff and I want my son to have a normal life with 1 father since she just got married. You must not understand why i want to do this.

So won't the court let you do this if both parents agree?
 
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stealth2

Under the Radar Member
The court is not going to allow you to walk away from your obligation to your son like that - not without someone there legally to pick up the slack. Your son would be better off with having his father step up to the plate and be his Dad. You say you want him to have a "normal" life - how normal will it be for him trying to figure out why his Dad didn't want him? Kids are pretty black and white that way.
 

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