Giving Up Parental Rights

[STEPMOM-MISTY]

What is the name of your state?ARKANSAS. My husbands ex is wanting him to give up his rights to their 2 children. She proposed a settlement for him to pay past due child support(around $5,000) and no more current child support if he would give up his rights. Just wondering, could 5 or say 10 years from now could she change her mind and deciede that she wants that child support money back?

 

[ajfai]

You can't just give up rights to a child. Are the children going to be adopted by her husband?

 

[STEPMOM-MISTY]

Giving Up Rights

We don't know she hasn't said anything about her current husband adopting them. My husband hired an attorney because she hasn't let him see thm in about 1year. So anyway, her attorney sent papers to our attorney stating that she wanted him to give up his rights and thats when she proposed the settlement. I guess she just doen't want to fight it. So, correct me if i'm wrong, but your saying that unless her husband is going to adopt them. He'd still have to pay child support?

 

[LdiJ]

We don't know she hasn't said anything about her current husband adopting them. My husband hired an attorney because she hasn't let him see thm in about 1year. So anyway, her attorney sent papers to our attorney stating that she wanted him to give up his rights and thats when she proposed the settlement. I guess she just doen't want to fight it. So, correct me if i'm wrong, but your saying that unless her husband is going to adopt them. He'd still have to pay child support?

Correct...a judge won't let him off the hook for child support unless someone else is taking over the legal responsibility to support the children. That is probably what is going on though, because her attorney would know that.

If the stepfather does adopt, then no, she can't come after him later for support...however he will also never have rights to the children again.

 

[stealth2]

A previous post says:

My husband has 2 children from a previous marriage and his ex hasn't let him see them in about 3 years.

Now, it's:

My husband hired an attorney because she hasn't let him see thm in about 1year.

I'm not trying to be pedantic, but there's a huge difference between three years and one year. He's been sitting on his hands for a year, three years, some number of years, hoping she'll change her ways while allowing his relationship with his kids to slip through his fingers. Why? Why hasn't he been getting off his ass to fight for his rights to see his kids? And now he's considering terminating his rights?

 

[Touché]

Not a good deal.

If the step father is willing to adopt and your husband wants to give up his rights then no he does not have to pay future child support. He will still be responsable for past support. Her deal is not a deal because that is what would happen anyway. A deal would be for her to forgive the past support as well. I let my x off the hook for 13,000.00 past support since he hadn't seen the children in 8 years (his decision).

 

[STEPMOM-MISTY]

Parental Rights

OOPS MY BAD. Guess I better start proof reading my stuff. It has been 3 years, not 1. Well, he doesn't want to give up his rights to his kids. He's going to go and talk to legal aid and see if they can help out financially. Its hard when me and him also have 3 children. but i know the other 2 are his responsability to. I'm not sayin that their not!

 

[snostar]

So, correct me if i'm wrong, but your saying that unless her husband is going to adopt them. He'd still have to pay child support?

NO, he can NOT voluntarily relinquish his parental rights unless it is done in the context of an adoption proceeding. If and when that occurred he would no longer be obligated to pay future support.