signing over rights/ child support -- just factual answers please

This is a discussion on signing over rights/ child support -- just factual answers please within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; ok, so i dont need opinions, just factual answers. my fiance has a child (not by me), who is 13. ...

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Old May 4th, 2011, 10:58 AM   #1
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Confused signing over rights/ child support -- just factual answers please

ok, so i dont need opinions, just factual answers.

my fiance has a child (not by me), who is 13. the childs whole life he was not living with him bio mother or his bio father (my fiance). he has always lived with his grandmother (biomoms mother) and my fiance has always payed child support but NEVER has his bio mother. well then for some reason not too long ago the child had decided to live with is mother. that lasted about 2 years (if that) then the child decided to move back with his grandmother. well the grandmother brought him for support and once again NOT her daughter (the bio mom) well to us this is unfair. his son doesnt want to come see or visit us bc we do not allow him to eat all day. we do not allow him to get 2 meals at mcdonalds and we are a very active family who likes to play outside and do things... and this is not what his son is interested in. he only wants to play video games and eat. the child is very over weight... about 220lbs at age 13! and the bio mom doesnt want to hear anything of it from bio dad.
well my fiance wants to sign over his rights but im hearing he will still have to pay childsupport. he can not afford the new order that was just put in place. we live in pennsylvania and im not finding on line anywhere how to go along and get this done. other than the biomom getting married and the child being adopted. please someone help!!
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Old May 4th, 2011, 02:47 PM   #2
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Default re: signing over rights/ child support -- just factual answers please

What he could do, is file for custody. He could work to prove to the court that it would be in the child's best interest to live with him where he can monitor his diet better. Then, he could file for support from the child's bio-mom.

Signing over parental rights does not necessarily negate one's support order. The other parent would have to agree. In your fiance's case, the legal custodian would have to agree as well, most likely. The courts usually will also not allow one to just give up parental rights, without another adult willing to take on those rights and responsibilities.

Contact an attorney who would have more information. Most will conduct one or two free consultation sessions.

If it's about money, he can also try to file for an amendment to the support order. If the child is no longer in the legal custody of the bio-mom, there's no reason she can't pay support as well.
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Old May 4th, 2011, 07:53 PM   #3
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Default Re: signing over rights/ child support -- just factual answers please

You've gotten inaccurate answers so far.

The other parent "agreeing" to termination of parental rights isn't going to cut it. It is ultimately the decision of the judge, and they are not prone to grant termination of parental rights if there's been active involvement in the child's life. They don't need the "agreement" of the other parent in order to render a decision. In other words, your fiance has about a snowball's chance in hell of having his parental rights terminated.

He will still be on the hook for child support. Family court has long recognized that men love to "give up their rights" solely to try to get out of paying for children they bring into the world. Just because he's too spineless to take action and fight for his child's healthy upbringing doesn't mean he isn't half the reason the kid exists in the first place. Mature or not, children cost money to raise.

Your fiance is just as guilty for the child's living situation and obesity as the mother is. He's taken no action to ensure his child is being brought up properly. Is there some reason he hasn't fought for custody? Why is the child living with gram instead of dad?

Further, this is not your problem. You have no legal ties to this man or his situation. Frankly, this is they kind of situation that would make a normal woman run in the other direction. This is a preview of what kind of father he'll be to your children. If that sits well with you, then you picked the right guy.
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Old May 5th, 2011, 06:16 AM   #4
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Default Re: signing over rights/ child support -- just factual answers please

It's up to the father to petition the court to reverse custody in him if he wants to change the situation. The child's health is a grave reason, for starters. No one else but he can institute the proceedings. He will need to see a lawyer to change custody.

The last reply should give you something to reflect upon before you commit to marriage for this situation you would have to deal with a step mother.
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