Parental Rights

Do I need a lawyer to sign over my parental rights? How do I go about signing over my rights?

I live in Idaho.

[I AM ALWAYS LIABLE]

Originally posted by psievers
Do I need a lawyer to sign over my parental rights? How do I go about signing over my rights?

I live in Idaho.

My response:

First, in order to answer your question, I need to know, in 3 sentences or less, what your intent is by doing this - - that is, what is it that you're trying to accomplish.

IAAL

I want him to be able to grow up in a whole family with his mothers new husband. I've only seen him a few times since he was born a year and a half ago, so I don't really know him. Having a son with my ex makes things very difficult on me and my wife. Thanks for your speedy response.

[I AM ALWAYS LIABLE]

Originally posted by psievers
I want him to be able to grow up in a whole family with his mothers new husband. I've only seen him a few times since he was born a year and a half ago, so I don't really know him. Having a son with my ex makes things very difficult on me and my wife. Thanks for your speedy response.

My response:

Well, you were a little vague with your response, i.e., "makes things very difficult on me and my wife."

I don't know if you mean "emotionally" or "financially." But, I'll take a stab at it that you mean "financially." Yes, you really should have an attorney represent you in this matter because the law in this area can be quite confusing, and the rights of various parties - - least of all your child - - are dramatically affected.

Yes, you can give up your "parental rights" - - but, until your ex-wife's husband adopts your child as his own child, you cannot escape the obligation of child support. Until that adoption occurs, all you'll be giving up is your right to visitation, and a say-so in your child's upbringing.

Good luck to you.

IAAL

Originally posted by I AM ALWAYS LIABLE


My response:

Well, you were a little vague with your response, i.e., "makes things very difficult on me and my wife."

I don't know if you mean "emotionally" or "financially." But, I'll take a stab at it that you mean "financially." Yes, you really should have an attorney represent you in this matter because the law in this area can be quite confusing, and the rights of various parties - - least of all your child - - are dramatically affected.

Yes, you can give up your "parental rights" - - but, until your ex-wife's husband adopts your child as his own child, you cannot escape the obligation of child support. Until that adoption occurs, all you'll be giving up is your right to visitation, and a say-so in your child's upbringing.

Good luck to you.

IAAL

So there is no way of giving up my parental rights unless I go through a lawyer? Why do I still need to pay child support if I'm legally no longer his father?

Thanks for all your help.

[I AM ALWAYS LIABLE]

Originally posted by psievers



So there is no way of giving up my parental rights unless I go through a lawyer? Why do I still need to pay child support if I'm legally no longer his father?

Thanks for all your help.

My response:

Okay, your questions are telling me that you really do need an attorney because you're not understanding. And, if you're not understanding, you'll never be able to do this on your own. Like I said, the laws in this area are very complicated.

Giving up parental rights does not mean you are giving up your "obligation" to support your child. All it means is that you are giving up your right to see your child, or to be a part of your child's life. Remember, you brought a child into this world, and that makes you financially responsible. Only until someone else, like your ex-wife's husband, decides to adopt your child, then, and only then, will your obligation to pay support end (of course, it also ends when your child becomes an adult).

So, you may want to discuss the possibility of adoption with the two of them. In either case, however, you're going to need a family law attorney.

Good luck to you.

IAAL

Originally posted by I AM ALWAYS LIABLE


My response:

Okay, your questions are telling me that you really do need an attorney because you're not understanding. And, if you're not understanding, you'll never be able to do this on your own. Like I said, the laws in this area are very complicated.

Giving up parental rights does not mean you are giving up your "obligation" to support your child. All it means is that you are giving up your right to see your child, or to be a part of your child's life. Remember, you brought a child into this world, and that makes you financially responsible. Only until someone else, like your ex-wife's husband, decides to adopt your child, then, and only then, will your obligation to pay support end (of course, it also ends when your child becomes an adult).

So, you may want to discuss the possibility of adoption with the two of them. In either case, however, you're going to need a family law attorney.

Good luck to you.

IAAL

My ex and I live in different states. Do I get a lawyer in my town and send her forms or something? Or do I get a lawyer where she lives?

Thanks again.

[tigger22472]

IAAL if I am wrong please say so.. however I believe the poster should first speak to his ex wife and her husband about the adoption and they in turn will get an attorney and file for the adoption in which time he would be contacted then. I still think he doesn't understand this situation. If the mother's husband or both of them refuse to do the adoption then there's nothing the poster can do as far as the child support issue. This is something that the mother and her husband would have to seriously think about. It's one thing for someone to raise a child that isn't there own but the husband needs to consider the fact that if for unforseen reason their marriage doesn't work and they divorce he's now stuck with the obligation of support that the bio-father is now trying to pass off. This is NOT something that the bio-father can just decide on his own.

Originally posted by tigger22472
IAAL if I am wrong please say so.. however I believe the poster should first speak to his ex wife and her husband about the adoption and they in turn will get an attorney and file for the adoption in which time he would be contacted then. I still think he doesn't understand this situation. If the mother's husband or both of them refuse to do the adoption then there's nothing the poster can do as far as the child support issue. This is something that the mother and her husband would have to seriously think about. It's one thing for someone to raise a child that isn't there own but the husband needs to consider the fact that if for unforseen reason their marriage doesn't work and they divorce he's now stuck with the obligation of support that the bio-father is now trying to pass off. This is NOT something that the bio-father can just decide on his own.

My ex and her fiance aren't getting married until the summer. I want to terminate my rights ASAP. The child support isn't a cause of my ex, it's the state wanting it because they were on medicaid. Is that how child support always goes? Through the welfare office?

Thanks for all your input.

[tigger22472]

The way that the state sees it is that you fathered this child and someone needs to support it. In cases in which the CP receives welfare payments the state does take over to retrieve those payments. At this point the only thing turning over your parental rights will do is stop contact with the child. They will not let any financial obligation stop until an adoption goes through. In the state of Indiana she would have to be married a year before the courts would even allow any sort of adoption in the first place. The point is that the state has come after you and they will not let you terminate your rights. Even if in the future the child is adopted and you terminate your rights you will still be held accountable for what is owed before the adoption. Again the only thing terminating your rights will do is stop contact and legal right to see child.