MOST HELPFUL POSTS
â« Shawnn âªâ«â« - posted on 03/03/2015
If you do not have orders in place, how do you expect to enforce anything?
You can't ask him to sign away his rights, if you've done nothing to have his support enforced, etc.
Get a lawyer, and get a custody & support agreement in place. At that time, request a visitation schedule.
THEN, if he CHOOSES to rescind his parental rights, he may do so. At this point, if he chooses to take custody, he can, because there's no order in place stating otherwise.
Ev - posted on 03/03/2015
Then how do you expect him to pay you child support with no court orders set. This also means that you do not have custody set nor visitation. Without court orders he can do as he pleases. With orders from the court then he has to pay child support or the enforcement office will go after his paychecks and such. Visitation is usually a separate issue but if he does not abide by it you can take him to court for not following the court orders. At this point he could decide to come see his son and take him and there is not much you can do about it without court orders. You need a lawyer for all this including starting the petition for him to sign his rights away. Unless you have proof otherwise that he is a danger, its up to the judge finally. It may not happen and even if it did, he might still have to pay you child support depending on your state laws.
Alberta Rose Lee - posted on 03/03/2015
Thank you for your feedback. I don't force him but I have mentioned to him about doin so only because he doesn't contact my son at all. He works and hasn't even made an effort to sending any support period. Its been 6 yrs. Nd no support given and no contact. And proof, hr has domestic for beating me and just recently beating up his mom.
Ev - posted on 03/03/2015
I see similar postings about a parent's rights being signed away. You can not force the issue but only ask if he would be willing to do so. If you have no court orders for custody, visitation, and child support, then without the court orders you are not going to get much in the way of child support. He does have rights to his child and a relationship with his child. The only way to get him to sign his rights away is to talk to him about it and get the paperwork set up. If he does not sign it then it won't happen and a judge will be involved in this matter too. Also, if you fear your child's safety, you have to have proof of dad's being a danger to the child before that will be considered.
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