Child custody exchange/modification ????

[Mattiesmom]

What is the name of your state? Georgia
I was told that child custody exchange/modification could be made simple if both bio parents agree. I (primary physical Custodian) was told that if I typed up an agreement between myself and the bio father (joint legal custody with visitation) have both signatures on it in agreement, that I would be able to do this exchange/modification myself. The agreement would need to state both bio parents full name, the name and birthdate of child, state that the father would relinquish parential rights and would be returning all custody to mother. Is this possible if it is a joint agreement, the bio father does not want to go to court or have attornies involved? If so how do I make this a legal and binding agreement, word for word, that can not be changed in the future.

 

[rmet4nzkx]

This type of agreement must go through the courts, nor are parental rights simply terminated. Has DNA paternity been established, custody, vsitaiton orders? How much back child support does the father owe?

 

[Mattiesmom]

Paternity test never done by courts but he is the father and signed the birth certificate. Divorce decree states visitation and child support. The father has done visitation up to this point he is behind in child support because he recently got remarried then lost his job.

 

[rmet4nzkx]

Then you continue to allow him to visit and either he will accrue back child support or he will file for modification until he gets another job.

 

[Mattiesmom]

I think his new wife and himself has decided it would be better for their family if he give up his rights and not pay child support so they can "go on with THEIR life"

 

[rmet4nzkx]

She is entitled to her opinion/desire, however that is not the law. So your ex needs to get a job ASAP if they want to go on with their lives, in the mean time, he still ows the same amount of child support, and if he wants to stay out of court he wil get a job, if he files for modification to get out of child support because he is not working, they may not lower it at all if they feel that he is unemployed to avoid child support.

 

[madmom41]

Well let them go on with THEIR lives, let him give up his rights, i wish i could get mine to give his rights up, then you will have nothing to worry about.

 

[rmet4nzkx]

Well let them go on with THEIR lives, let him give up his rights, i wish i could get mine to give his rights up, then you will have nothing to worry about.

Please restrict your response to the quesiton at hand not your personal agenda, this is a forum for legal advice not, a support group or site to vent..

This is a far more complex issue that the rights or desires of the parents, it is about the best welfare of the child, and that is to have care and support and a relationship with both parents.

 

[Mattiesmom]

I need to find out what to do about the child custody exchange. He has agreed to give up his rights and give me full custody but He does not want to go to court or get an attorney. I would gladely let go of the child support or lack of issue. I could care less what he does or does not do with his life or his new family.

 

[madmom41]

Please restrict your response to the quesiton at hand not your personal agenda, this is a forum for legal advice not, a support group or site to vent..

This is a far more complex issue that the rights or desires of the parents, it is about the best welfare of the child, and that is to have care and support and a relationship with both parents.

i understand that this is not a site to vent , but why put the mother through all the worry and let the child see what the mother is going through. all i said was let them do it, then the mother would not have to worry at all. it is not good for the child to see what the parents are going through. and believe me they feel everything that they are going through!!!!!

 

[rmet4nzkx]

There may come atime when you would regret such a decision and it may not be in the child's best interest, if he doesn't want to visit, he doesn't have to and you can have the child all the time without changing a thing, but until there is some compelling reason usually a step parent adoption he cannot terminate his parental rights and will continue to accrue child suooprt and risk jail, you cannot legally terminate parental rights without going to court.

 

[Mattiesmom]

I have been the one to force the visitations and try to give him an opportunity to keep a good relationship with his now almost 5 yr. old son. I believe strongly in having both parents involved in a childs life but, he has spent more time away from his child than with. We seperated when the child was 2 and before it was court ordered I wanted him to have visitation he would when he felt like it. We have both remarried and my husband has lovingly taken over the responsibilities of a father. My son loves him and cries when forced to go to his bio father.

 

[rmet4nzkx]

This is the first time you said you were remarried or that there was an issue of potential step parent adoption, you have wasted our time and effort by withholding he facts needed to give you appropriate advice and you continually start new threads when you don't hear what you want to hear. You are letting other people determine your child's future by their personal desires, your child can have the love and attention of all his parents, at 5 years old, he had a relationahip with his bio dad, you can't simply sever it because he doesn't want to pay child support, nor do you want to continually put your child through developing and dropping relationships. You need to encourage a relationship with his bio dad and not pat yourself on the back because he cries when he leaves you, it is not a popularity contest or control issue.

 

[Mattiesmom]

I thought it would take to long to try to explain the whole situation. This has been an ongoing situation since the child was about 2 years old. I believe it is of the upmost importance for a child to have both parents involved in thier life because I came from a broken home and know first hand how it feels. The bio father and I was seperated for about 18 months after a 9 year marriage before the divorce was finnished. The bio father refused to pay child support during this time because it was not ordered but I still insisted that he have visitation with his son, I wanted them to have a relationship. Bio father has been the one to come & go with no stability. As a single mother without childsupport, I worked 2 part time jobs, went to school, and paid for my son to be in christian childcare on top of everything that was going on, and tried to keep his routine as normal as possible. I have always had my childs best intrests emotionally,physically,and financially in everything I do so to say I pat myself on the back is unreal. The bio father has become physically abussive since the divorce and I have a protective order against him. My son cries because he does not want to leave his home of stability and safty he cries for his step-father when forced to go with his bio, now his bio wants to give him up. I was trying to find a way to comply with him to stay out of court and allow my husband to legally continue to be my childs loving father, which is the best for the my son!