relinquishing rights

[wyomom]

I know I've asked this before but...

My ex wants to relinquish his rights-he doesn't want to pay CS or medical. This is also what I want. I do not get any government aid, I'm a professional and totally capable of raising my son without his support. Can he relinquish his rights since that's what we both want?--Nebraska

 

[VeronicaGia]

Usually a person can terminate their RIGHTS to see and be a part of his/her child's life, but cannot terminate his/her OBLIGATION to support the child unless someone is willing to adopt.

However, if you have a good attorney...and the judge agrees that the child will be well taken care of.....who knows? But while things are all good now, what about five, eight, etc. years from now? What if you are not in good financial condition? Are you still willing to give up that extra support or if you fell on hard times would you go file to collect support.

This is the reason most likely a judge will say that support must be paid. It is really for the child, not the parent, it's just that the parent decides what to spend it on for the child.

Another way you could do this is keep support at a minimum, and either put it in a separate account for the child, or send it back to the NCP, if you really don't need it.

 

[wyomom]

The NCP has never paid one penny in CS even though he has a court order. He has a job where his boss pays him cash so it is not deducted from his paychecks and no taxes to report. Also, in my son's 18 months of life he has not paid for his 6 hospital visits or 3 surgeries. Money is not an issue and he has shown no interest in my son--he has a "new" family.

 

[wyomom]

Just bumping up trying to get some more advice on what to do here. Talked to my ex last night and he wants to get this done as soon as possible. Do we have to go through the courts? Does someone have to adopt my son? My ex is not listed as the father on the birth certificate. Could my father "adopt" my son and accept the responsibilities. That's the only father figure my son has ever had. I don't understand why this could be so hard if this is what both parents want. Please help!!

 

[haiku]

in most cases where the court has already been involved, they will not allow you to give up rights of the bio father unless you are married, and your new husband will adopt. Because there is already an order for support in place, the court feels that there is a great possibility that the tax payers will end up footing the bill for the childs support.

My suggestion would be to leave things as they are. (i assume you already have physical custody?) to protect your ex's interests i would suggest to him that he continue sending you a check every month. You then cash the check and send him back his money.

 

[Ashlee1443]

I have posted this several times in response to this exact question:

It is possible for a NCP to relinquish their rights, and be relieved of child support obligations provided that the CP agrees to this arrangement.

I live in NC, and a friend of mine agreed to the relinquishment of her child's fathers rights, and he is no longer "legally" considered the child's father. He no longer pays support. She is a single mother, and no one adopted the child.

She did have to pay to have forms drawn up to do this, but it is possible. She and her daughter's father were in and out of mediation, he did not take advantage of the visitation rights, however, he did pay support regulary. He told the mediator that he no longer wished to be a part of the child's life, and was granted his requests.

Had CP NOT agreed to the termination of bio dad's rights, he still would be responsible for paying support, regardless of whether or not he had rights to the child.

If I were you, I'd contact a higher authority, possibly a child enforcement office, or the court house, and ask about filing these forms...I'm not sure what forms you'd need, but it is possible. Good luck.