Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

He wants to sign away his rights as a father

My ex doesnt want to pay child support, and wants to sign away his rights as a father,can he do that and not have to pay child support anymore?

Answer Question
 
Anonymous

Asked by Anonymous at 11:15 PM on Jan. 25, 2010 in Money & Work

Answers (8)
  • I believe that if you AGREE to this it can be done.
    Some mothers would rather have them sign over their rights so there is no way that they ever have to deal with custody issues- but other mothers want the $$$. Its really up to you.
    pinkcicle709

    Answer by pinkcicle709 at 11:21 PM on Jan. 25, 2010

  • You would absolutely have to be in agreement!! He can't just decide not to be a father, the laws don't work that way. Typically this is only done when another man steps in and wants to adopt the child legally. Don't worry - just continue to fight for your child's rights to receive support from him.
    Anonymous

    Answer by Anonymous at 11:25 PM on Jan. 25, 2010

  • Only if you agree to it. Unfortunately you may be dragged into court over it. My ex boyfriend wanted to emancipate our unborn child and I actually had to go court five months pregnant over it. I was all for him signing over his rights as I didn't EVER want to share custody with him as he had major anger problems. Even with both us in agreement that he emancipate my fetus the courts would not do it until paternity was established after birth. I chose to marry someone else before the birth of the baby who I knew would be a great father since in my home state a child born to married people cannot have their paternity tested. If you need his child support, don't agree to anything. At your hearing there will be Family Independence Agency and other Govt people there to make sure that you understand what rights to support you would lose if you agree. Good luck to you.
    Anonymous

    Answer by Anonymous at 11:30 PM on Jan. 25, 2010

  • i wouldn't agree to it. i'd get the support. you can't make him do visitation but you can make him pay his end of the financial support for your child.
    angevil53

    Answer by angevil53 at 11:43 PM on Jan. 25, 2010

  • I think it depends on where you live. In my state, parental rights cannot be terminated voluntarily unless there is someone willing to adopt them. It also doesn't eliminate whatever he currently owes in child support (meaning, if he's $10,000 behind when he gives up his rights, he still owes that $10,000). I think your best bet to find out if this can be done is to talk to a lawyer, b/c they'll be familiar with your state's laws. Also, if he can do it, you may want to contest it and try to prevent it. You might not need the child support right now, but someday you might. As much as I hate my ex, I wouldn't let him do that just b/c of the child support (well, assuming he paid, anyway!).
    tropicalmama

    Answer by tropicalmama at 6:23 AM on Jan. 26, 2010

  • Personally, I would agree to it in a heartbeat! Sure, you don't get the child support, but you also never have to worry about what the father is teaching your kids, are they turning the kid against you, is he going to take your kid and run, the list goes on... I look at it this way, if you don't want my child, my child is to good for you. But he would NEVER have contact again either.
    SabrinaMBowen

    Answer by SabrinaMBowen at 8:44 AM on Jan. 26, 2010

  • YES he can do it. But what a SOB for doing so. This is precisely why you have to choose who you go out there and make babies with. Not every man is father material girls.
    Anonymous

    Answer by Anonymous at 9:49 AM on Jan. 26, 2010

  • yes if you both agree and then you would have to agree not to go after him for any future support and you also have to decide what to do with the amount (if any that he currently owes you) so the judge can cancel that balance if thats what you want or make him pay. Then anything in the future you cannot ask for child support. but get a legal aids advice someone smart shop around cause from my experience I knew more than my legal aid did about my rights and I ended up defending my own case she just sat there. look up family court law in your state.
    cditren

    Answer by cditren at 4:03 PM on Jan. 26, 2010

Join CafeMom now to contribute your answer and become part of our community. It's free and takes just a minute.