Signing over Parental Rights/ Custody Court Case

Originally Posted by lori509 "He cannot sign over his rights unless you are remarried and your husband agrees to adopt your children and assume financial responsibility for them..." this is a drum I keep hear playing over and over in these threads... Which creates a problem with me. I know a man who has full rights of his daughter, Dad has complete custody... Mom had to ask the court for the right to see child. (She was allowed two hours a month by the court) She pays child support but Mom has no legal rights over the child (not one) and Dad never remarried, and Dad never had anyone else adopt the child... perhaps it depends upon the situation?

There's a difference between having full custody and the other parent having signed over their parental rights. If the father has sole legal and physical custody of the child, then the mother cannot make any legal decisions for the child and she is still obligated to pay child support, but she retains the right to ask for visitation/modification of the custody order. If she had signed over her parental rights, she would not have to pay child support and the father would likely have had to have someone else adopt the child.

Courts are very reluctant to allow a parent to sign over their parental rights...it's a big deal. They won't allow someone to sign away their rights to get out of paying support, for example. It will usually only be done when there is (proven) abuse of the child or when there is another person willing to step in and adopt the child and serve as his/her second parent.

Originally Posted by Unregistered There's a difference between having full custody and the other parent having signed over their parental rights. If the father has sole legal and physical custody of the child, then the mother cannot make any legal decisions for the child and she is still obligated to pay child support, but she retains the right to ask for visitation/modification of the custody order. If she had signed over her parental rights, she would not have to pay child support and the father would likely have had to have someone else adopt the child. Courts are very reluctant to allow a parent to sign over their parental rights...it's a big deal. They won't allow someone to sign away their rights to get out of paying support, for example. It will usually only be done when there is (proven) abuse of the child or when there is another person willing to step in and adopt the child and serve as his/her second parent.

Adding to my post here...once a parent has signed over his/her parental rights, he/she cannot ask for visitation, does not have to pay child support, etc. Signing over your parental rights means that person is legally no longer the parent of the child. They have no rights or obligations whatsoever - they are considered to no longer be related to the child at all. That is why the court prefers to have a step-parent adoption in place (except in abuse cases). They even issue a new birth certificate for the child with the step-parent's name on it.

where do i start so the father of my son can sign over his rights?

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Find a husband to adopt him. A parent can't sign over rights to a child unless there is a spouse willing to "fill the void".

If he no longer wants custody or visitation, that can be accomplished by the parent refusing to see the child. Child support is not so easy to stop. You COULD file for a modification and attempt to lower child support by your request in return for him signing off on visitation rights - but they won't likely eliminate child support even by request. If you have him sign off on visitation rights and have child support deposited to a debit card (that's an option in Ohio), you could give him the card and the pin number - therefore effectively eliminating child support...

Originally Posted by Unregistered To be honest with you I think it's pretty sad that you would allow someone to sign over their rights and still make them pay for a child they don't ever see just because you have become use to the extra income. I am a single mom and I make it without the child support and without the contact of my ex-husband. My mom did this same thing to my dad and when I was 21 and finally found him it literally sickend me that he paid all that money and never saw me... just thinking it's rather selfish on the mother's end.

Child support is not for the right to see a child it is for the support of a child that he laid down and created! I get no child support and he is not in my childrens lives (thank god) And I hope when it comes time he will sign over his rights because my children deserve better. Its best for them. Anybody can be a father it takes a real man to be a daddy!

Originally Posted by Unregistered Child support is not for the right to see a child it is for the support of a child that he laid down and created! I get no child support and he is not in my childrens lives (thank god) And I hope when it comes time he will sign over his rights because my children deserve better. Its best for them. Anybody can be a father it takes a real man to be a daddy!

This is an area where women seem to forget that they too, laid down and created a child, knowing that alone they could not financially support that child. And knowing they were not committed enough to marry the father, and sometimes not even really knowing the fathers except as a one night stand. Yet the blame goes entirely to the man for "creating" the child. Outrageous.

This welfare system really has women seeing themselves as victims of a crime of sorts with the blame placed squarely on the man's shoulders. The system desperately needs reform. Any woman who gets pregnant by a boyfriend should be forced to marry that man, and welfare should be for married couples only. This bunny hopping procreation with us taxpayers picking up the tab for irresponsible behavior has just gone on too long. What ever happened to personal accountability?

If he is not in your life "thank god", and you don't want him to be, then you should not want his money either. It takes two to tango.

And anyone can become a mother. It takes a real woman to be a mommy.

The advice to "find a man to marry who will adopt your child" is archaic. If it were that simple there would be a lot more adopted children in the world.

Originally Posted by Unregistered There's a difference between having full custody and the other parent having signed over their parental rights. If the father has sole legal and physical custody of the child, then the mother cannot make any legal decisions for the child and she is still obligated to pay child support, but she retains the right to ask for visitation/modification of the custody order. If she had signed over her parental rights, she would not have to pay child support and the father would likely have had to have someone else adopt the child. Courts are very reluctant to allow a parent to sign over their parental rights...it's a big deal. They won't allow someone to sign away their rights to get out of paying support, for example. It will usually only be done when there is (proven) abuse of the child or when there is another person willing to step in and adopt the child and serve as his/her second parent.

It does not have to be proven abuse of the child. My step daughters mother singed away her rights wanted nothing to do with her and her new boyfriend does not want kids. she does still pay child support until my step daughter is 18 or still in school but the support will stop this month becuase I am adopting her. You can sign your rights away without the child being adopted by a new husband/wife BUT will still have to pay child support even though you have no rights.

Originally Posted by Unregistered This is an area where women seem to forget that they too, laid down and created a child, knowing that alone they could not financially support that child. And knowing they were not committed enough to marry the father, and sometimes not even really knowing the fathers except as a one night stand. Yet the blame goes entirely to the man for "creating" the child. Outrageous. This welfare system really has women seeing themselves as victims of a crime of sorts with the blame placed squarely on the man's shoulders. The system desperately needs reform. Any woman who gets pregnant by a boyfriend should be forced to marry that man, and welfare should be for married couples only. This bunny hopping procreation with us taxpayers picking up the tab for irresponsible behavior has just gone on too long. What ever happened to personal accountability? If he is not in your life "thank god", and you don't want him to be, then you should not want his money either. It takes two to tango. And anyone can become a mother. It takes a real woman to be a mommy. The advice to "find a man to marry who will adopt your child" is archaic. If it were that simple there would be a lot more adopted children in the world.

Just becuase she is thankful that her children's father in not in their lives does not mean that she should'nt get child support. It also could be the father who does not want to be in their lives there are always 2 sides to every story BUT in the kids life or not doesn't matter which parent wants them out they still have to pay. A lot of people use child support for things that they really should not, Child support is just that CHILD SUPPORT! My ex has not seen nor talked to our children in 8 years, he wants nothing to do with them but he still pays 1800 a month in support and I use half of it on my kids clothes, school supplies,sports,ect the other half goes into their own savings acct. So when they turn 16 and want to buy a car or 18 looking for a place of their own they have the money to do it. That is how support should be used..

A lot of single mothers and fathers depend on the child support, when they end what they had you have to stop and think that they are used to two incomes and when it is cut down to just one things can get really hard really fast..
As far as having a baby with a boyfriend/girlfriends sometimes it happen not always do they set out to have a child and it is on both of them to take care of the child in the picture or not.

I am so sick of hearing about dead beat dads there are dead beat moms out there too but when it's the end of the day all that matters is that your child is happy and taken care of. People need to stop *****ing about having to pay child support and just do it! one day your child may have a lot of questions for you such as why werent you around? why didnt you help take care of me? what are you going to say?? well sorry I wasnt in your life your mother was thankful for that so I didnt feel I should support you?!?!? Plus it could be best that the father/mother not in the childs life..

"My ex has not seen nor talked to our children in 8 years, he wants nothing to do with them but he still pays 1800 a month in support and I use half of it on my kids clothes, school supplies,sports,ect the other half goes into their own savings acct. So when they turn 16 and want to buy a car or 18 looking for a place of their own they have the money to do it. That is how support should be used.."

How refreshing to hear from a mother who is actually utilizing child support the way it was intended. Kudos to you.

Yes, it's different when the man makes absolutely no attempt at being a father to his own children. But unfortunately, all too often, the man is looked upon as the piggy bank with no other value to offer in his child's life except that. It's the mothers who do everything in their power to keep the child and father apart, but who goes after child support anyway, who should be penalized.

Before this sentence gets misinterpreted, and I know it will by at least one, it's intended to say it's THOSE mothers who go after child support while cutting off their children from their fathers... I did not intend it to convey ALL mothers do this.