I signed over all rights five years ago

[Tamren]

What is the name of your state (only U.S. law)? North Carolina. In 2006 I signed over all parental rights of my two children to my parents, I have the custody papers, They state that i acknowledge, understand and consent to such transfer of permanent custody and shall hereafter have no further rights, duties or obligations with respect to the minor children and that i have been divested of all authority and parental rights with respect to the minor children. These papers were signed by myself, both my parents, two witnesses and a judge. However child support enforcement thinks they can do what they want and have ordered me to pay child support. I have no rights to the kids and havent for five years now, I do not have visitation rights or anything. They are now trying to put my in jail while im five months pregnant for not paying. But i have absolutly no obligation to the children anymore and feel i am being railroaded. I have gone to court several times on this matter and have a court appointed attorney who is doing nothing to help me, she has seen and fully read the custody papers but will not do anything to help untill i pay her. what do i do?

 

[tuffbrk]

Did you parents adopt the children?

 

[proud_parent]

What is the name of your state (only U.S. law)? North Carolina. In 2006 I signed over all parental rights of my two children to my parents, I have the custody papers, They state that i acknowledge, understand and consent to such transfer of permanent custody and shall hereafter have no further rights, duties or obligations with respect to the minor children and that i have been divested of all authority and parental rights with respect to the minor children. These papers were signed by myself, both my parents, two witnesses and a judge. However child support enforcement thinks they can do what they want and have ordered me to pay child support. I have no rights to the kids and havent for five years now, I do not have visitation rights or anything. They are now trying to put my in jail while im five months pregnant for not paying. But i have absolutly no obligation to the children anymore and feel i am being railroaded. I have gone to court several times on this matter and have a court appointed attorney who is doing nothing to help me, she has seen and fully read the custody papers but will not do anything to help untill i pay her. what do i do?

Pay the attorney to help you.

 

[LdiJ]

What is the name of your state (only U.S. law)? North Carolina. In 2006 I signed over all parental rights of my two children to my parents, I have the custody papers, They state that i acknowledge, understand and consent to such transfer of permanent custody and shall hereafter have no further rights, duties or obligations with respect to the minor children and that i have been divested of all authority and parental rights with respect to the minor children. These papers were signed by myself, both my parents, two witnesses and a judge. However child support enforcement thinks they can do what they want and have ordered me to pay child support. I have no rights to the kids and havent for five years now, I do not have visitation rights or anything. They are now trying to put my in jail while im five months pregnant for not paying. But i have absolutly no obligation to the children anymore and feel i am being railroaded. I have gone to court several times on this matter and have a court appointed attorney who is doing nothing to help me, she has seen and fully read the custody papers but will not do anything to help untill i pay her. what do i do?

If you are still legally the children's parent then you are still legally responsible for them even if you do not have any visitation rights. The wording of the order you quoted is a little odd...so its not clear that your parental rights were terminated.

Normally parents rights cannot be terminated unless someone else is adopting the children and taking on the parental responsibilities. Clearly your parents are collecting some sort of state aid for the children and that is why the state is going after you for support.

 

[tuffbrk]

My thoughts exactly! I was thinking along the lines of medical insurance...

 

[mistoffolees]

If you are still legally the children's parent then you are still legally responsible for them even if you do not have any visitation rights. The wording of the order you quoted is a little odd...so its not clear that your parental rights were terminated.

Normally parents rights cannot be terminated unless someone else is adopting the children and taking on the parental responsibilities. Clearly your parents are collecting some sort of state aid for the children and that is why the state is going after you for support.

I don't think it's that simple.

The order says "that i acknowledge, understand and consent to such transfer of permanent custody and shall hereafter have no further rights, duties or obligations with respect to the minor children"

So, according to the court, OP has no legal obligations to support the minor children. I'm not sure how the state can collect in that case. Or, if the state DOES collect, OP can probably file a claim for reimbursement against the parents who have custody.

S/he really needs to pay his attorney to get it sorted out.

 

[LdiJ]

I don't think it's that simple.

The order says "that i acknowledge, understand and consent to such transfer of permanent custody and shall hereafter have no further rights, duties or obligations with respect to the minor children"

So, according to the court, OP has no legal obligations to support the minor children. I'm not sure how the state can collect in that case. Or, if the state DOES collect, OP can probably file a claim for reimbursement against the parents who have custody.

S/he really needs to pay his attorney to get it sorted out.

She cannot sign away the state's right to be reimbursed for aid provided to the children if legally she is still their parent.

 

[mistoffolees]

She cannot sign away the state's right to be reimbursed for aid provided to the children if legally she is still their parent.

No, but the judge can - and apparently did.

 

[LdiJ]

No, but the judge can - and apparently did.

The judge signed off on an agreement between the parties that she would no longer be obligated to the children or have any rights to them. However, it is unclear whether that agreement was an actual termination of parental rights. The state was not a party to that agreement nor did the judge order it over the objections of any of the parties.

If it was an actual termination of parental rights then it falls back to state law if no adoption took place. There are not very many states that will accept termination with no adoption.

She really needs to have her paperwork reviewed by a local attorney.

 

[mistoffolees]

The judge signed off on an agreement between the parties that she would no longer be obligated to the children or have any rights to them. However, it is unclear whether that agreement was an actual termination of parental rights. The state was not a party to that agreement nor did the judge order it over the objections of any of the parties.

If it was an actual termination of parental rights then it falls back to state law if no adoption took place. There are not very many states that will accept termination with no adoption.

They state that i acknowledge, understand and consent to such transfer of permanent custody and shall hereafter have no further rights, duties or obligations with respect to the minor children and that i have been divested of all authority and parental rights with respect to the minor children.

It sure sounds like termination of parental rights.

She really needs to have her paperwork reviewed by a local attorney.

As I already told her.

 

[LilTwyt]

Did you owe any support before the signing of the agreement? If so, those arrearages are still collectible.

 

[ecmst12]

Child support is always modifiable and PERMANENT CUSTODY is not the same as termination of rights or adoption. I think even if a judge signed that paper, if grandparents needed state aid the state could ABSOLUTELY have gone back to have CS ordered, unless an adoption took place.

 

[LdiJ]

Child support is always modifiable and PERMANENT CUSTODY is not the same as termination of rights or adoption. I think even if a judge signed that paper, if grandparents needed state aid the state could ABSOLUTELY have gone back to have CS ordered, unless an adoption took place.

See, that is what I am thinking. I am thinking that no adoption took place which allows the state to go after her for reimbursement of state aid.

 

[Ohiogal]

See, that is what I am thinking. I am thinking that no adoption took place which allows the state to go after her for reimbursement of state aid.

And I agree with you and Ecmst. I don't think her rights were terminated. I think custody was given to her parents. Though where is dad?

 

[Banned_Princess]

how nice of her to be bringing more children into the world, when she couldn't or WOULDN'T take responsibility for her first (hopefully) two.