-
FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
By continuing to use this site, you are consenting to our Terms of Service and use of cookies.
giving up rights
- Thread starter RCMtows
- Start date
Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
davidmcbeth3
Senior Member
You sure do.
divona2000
Senior Member
More information is needed, please.
For instance, are you considering having your child adopted by your ex's spouse?
For instance, are you considering having your child adopted by your ex's spouse?
mistoffolees
Senior Member
Depends.
If you simply give up visitation rights, it has no bearing on child support (other than the few states where CS depends at least partly on how much time each parent spends with the child, but in those states, the less time you spend with the child, the MORE you pay in support).
If your parental rights are terminated, then child support normally ends at the same time.
However, you can usually not simply voluntarily terminate parental rights. In most cases, that action must be initiated by the other party or the state and must be for good cause. And in many states, someone else must be wiling to adopt for TPR to even be considered.
So what's the background and what are you trying to achieve?
If you simply give up visitation rights, it has no bearing on child support (other than the few states where CS depends at least partly on how much time each parent spends with the child, but in those states, the less time you spend with the child, the MORE you pay in support).
If your parental rights are terminated, then child support normally ends at the same time.
However, you can usually not simply voluntarily terminate parental rights. In most cases, that action must be initiated by the other party or the state and must be for good cause. And in many states, someone else must be wiling to adopt for TPR to even be considered.
So what's the background and what are you trying to achieve?
divona2000
Senior Member
David, you can't possibly know that. It isn't even clear what OP intends to do as far as 'giving up rights'.
i have a kid and the mom is doing nothing but working against me in every possible way. this might sound bad but i guess i was trying to do the right thing by taking the responsibility and being in the kids life but when it comes down to it.. she got pregnant after a month or so of us dating, we weren't married or "trying" to have a kid and i didnt ask her to keep it. but at the same time how do you make someone get an abortion? she already had a previous kid which she claimed she got pregnant with as "a way out of her parents house" which i believe she tried to do the same thing with me. she's not raising the kid right, he is completely closed off from human interaction except for her and her parents. so whenever he comes over to my place for the weekend all he does is scream because they give him whatever he wants just so he doesnt cry and i refuse to do that. im just trying to figure out my options because i dont understand.. i know it takes 2 people to make a kid, but if a girl gets pregnant, the guy can't MAKE her get an abortion, she decides to keep it so automatically the guy HAS to pay child support? and if i dont pay and get far enough behind they can put me in jail and take my license? how are they allowed to determine my fate? shouldnt i have some control in the situation? i probably rambled in that.. sorry if it doesnt make any sense
davidmcbeth3
Senior Member
Then, if not specifically identified, I get to make up my own interpretation of what is meant.
I assumed he wanted to give up his rights of visitation.
What rights can he give up? He's likely on the birth certificate; did not try to get his name off in 60 or 90 days. Hey, he's the father & he has to pay for the kids he helped produce.
I don't see any rights he is willing to discharge that would make him not liable for his CS. Being a parent is not a right; its a "condition".
So its not relevant what "rights" he wants to toss away IMO; he still has to pay CS.
davidmcbeth3
Senior Member
Possible, but its a fairy-land proposal. The Ex's new spouse would have to be a complete idiot to agree.
A big idiot.
IMO
divona2000
Senior Member
1. Are you the legal father?
2. You have him on weekends, what are you doing to encourage his social interaction?
3. You have many options. Do you have court ordered visitation/support orders?
4. No. Sometime the woman pays support. Sometimes nobody pays support.
5. You determined your own fate. Having sex often results in having a child.
well there is no spouse. she's 25 living at home with her parents and her 2 kids. the other kids father is nowhere in the picture. our kid turned 1 in november and she was told by the judge to find a job, she still doesnt have one. isnt it the pot calling the kettle black when you take someone to court for being behind in child support and you dont even have a job? you cant be a single stay at home mom with 2 kids. im considering givng up not just visitation rights but parental also. the whole situation isnt "hey this happened so lets work together and make the best of it." it's "hey i kept this kid, you're going to pay me child support. I'm going to raise him the way i want and you can get him every other weekend." i dont get informed about doctor visits, first steps, first words, anything sentimental. so whats the real point? she doesnt want me in this kids life as the father. why should i have to suffer? i also dont have anywhere to turn for help because i dont make enough to afford a lawyet straight up, and CPA's say they want to help but dont return my calls to discuss anything.
divona2000
Senior Member
1. A judge can't force an employer to hire someone.
2. How do you think you will be able to do that, and do you think that will 'stop' the support order?
3. What does the court order say about keeping you informed/your rights?
4. You and she decided together that you will be a father. Why should your child have to suffer?
5. You can accomplish much on your own if you are willing to learn how (and what would a Certified Public Accountant be trying to help you with?)
I know you can't make an employer hire someone. I have joint legal custody. I'm supposed to be informed about decisions for the child. Although, its ultimately up to her I'm still supposed to be aware. By CPA I meant court appointed attorney. And, I am willing to learn, but don't know where to start. The kid is suffering now by coming over here and being unhappy all weekend. I have another son who I also have on the same weekend. The son that I'm mainly talking about is perfectly capable of doing alot of things but when I encourage him to he throws his hands down and starts screaming and crying. Which tells me he's having everything done for him and thats what he's used to. I know this because of how much time I spent with her daughter who was the exact same way. I guess it's hard to fully understand when you can't actually see the situation. Also, can I do anything about his mom publically bashing me on Facebook?
So you just want to give up?
How are things going with your other child's mom? Is that court order similar to the one with this child? Start 'asking' for the information that you are entitled to and documenting everything.
Don't worry about her bashing you on FB, ignore it. You can build a relationship with this child and teach him to enjoy time with you. You may have to cater to him for a few visits and spend some extra time getting him used to being with you... but at 1, it shouldn't be too difficult if you get creative.
stealth2
Under the Radar Member
David - zip it. You're just being stupid.
congratulations dad! kind of confused with your title and how taking responsibility mesh together, but okay.
it's what happens when you are a grown up.
she got pregnant because you had sex with her. i know, it's weird how that works out. she doesn't have to ask you. her body, her rights. (did you take any history classes at all? health classes?)
you don't. it's illegal.
and you still had sex with her? okay.
now you're a parenting expert? and you follow mom and her parents around 24/7 to prove this?
you're allow your parenting method.
you are ordered to pay support because you have a child to support. you left your sperm behind. you relinquished possession of said sperm. how mom's body manufactured that sperm becomes her sole decision to make. stop leaving sperm behind. very simple solution.
if you don't pay, lots of bad stuff happens. including jail and hold on licenses. levy on bank accounts. you're full control ended when you couldn't control your penis.
however, if you do get behind, there are ways to catch up. just make it a point to not get behind.
Last edited: