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How do you sign over rights ?

Ok so my husband had a child with someone else before we were married. has had one man (his stepdad) raise him since he was 2 and the mom ran off with him. we recently got papers in mail suing for childsupport even though he does not get to see him. the mom who i spoke with today just wants him to sign over his rights. if he does that does that release him from the 30 thousand he owes now in child support? this is a mutual thing.

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Asked by CuriousWife84 at 1:01 AM on Jul. 27, 2010 in Money & Work

Level 4 (28 Credits)
Answers (9)
  • oh no thats so sad. i would get a hold of DHS and a lawyer.

    Answer by MoMoFu at 1:06 AM on Jul. 27, 2010

  • whats sad?

    Comment by CuriousWife84 (original poster) at 1:11 AM on Jul. 27, 2010

  • I do not understand--- he has known about this kid right? All these years, he never thought it would catch up to him or what? Stepfather in the situation or not, he should have grew a pair of balls and made a relationship with HIS CHILD, But now that he is $30k behind in child support, and his kid will actually cost him money he just wants to give up, I think I would think twice about having kids with this man!!! And they you ask whats sad? Well that another man has refused or didn't think to take care of his child--- I am not bashing you two personally, but I have two kids, and their fathers have money for boats and cigs, and everything else but no child support, or gifts for christmas or birthday or help with school clothes or nothing!! Maybe he should think how the kid and mother have felt all these years, how would he like the shoe on the other foot??

    Answer by blue_glass_mama at 11:33 AM on Jul. 27, 2010

  • I'm fairly certain that signing over rights only means she can't pursue c/s going forward. He would still owe back c/s for when he was legally responsible. That doesn't just dissolve away, otherwise every DEADBEAT FATHER would just sign away rights to get out of paying back support. He may "luck out" and the mother may not pursue the back support if he signs off but it's not guarantee and she'd be within her rights to go after it.

    If he actually cared about seeing his child he could have easily taken 15 minutes to fill out paperwork at the courthouse to petition for visitation - no lawyer even necessary. If she denied him, she'd be in contempt of court and could be charged. Be honest with yourself - he didn't want the child and now that he's facing paying he wants to cut bait. Nice. I agree with PP. Watch your ass with him.

    Answer by deadheadjen at 12:36 PM on Jul. 27, 2010

  • If the court feels that the father is severing his rights to avoid payment then they might still make him pay. I would request a court hearing with the mom and dad to the child and explain the circumstances in court and have him give up his rights then and there this way there is no confusion.

    Answer by littlestar85257 at 4:29 PM on Jul. 30, 2010

  • Also it doesn't matter if the child sees his father or not he is still responsible and he would have been served with paperwork originally when he was ordered to pay child support he could have gone to court and argued it at that time. Paternity testing etc would have been ordered at that time as well... Shame he hasn't been paying for 30k that's a little crazy

    Answer by littlestar85257 at 4:30 PM on Jul. 30, 2010

  • Before they were married .. did anyone catch that? I don't see how custody support works for people who werent married and had kids. I understand it if they were married and he skipped but not before !

    Answer by Shaneagle777 at 4:59 PM on Jul. 30, 2010

  • ok well il eft a long message and my computr messed up.
    so long story short. this is the first time we have heard anything about the case at all. his name is not on the birth certificate, and we spent lots of money to find her and couldnt. so my husbands balls are just fine. she left with him and we had no way to contact her. and we just got served papers a month ago or so. suposedly it has just taken this long to find him, even though we have lived same spot for 4 years and same job for 3. he is ordered to take a paternity test, which came wih the court orders. everybody is so quick to jump that my husband is a loser. he isnt we have 2 children together and he is an amazing dad. she chose her path when she took off with some dude and my husbands kid. he took very well care of him before she ran off. he has been raised with one man as his father and i dont see it beneficial to him tht he knows any different. cont.

    Comment by CuriousWife84 (original poster) at 11:22 PM on Jul. 30, 2010

  • so the fact that he owes 30,000 is dhs has been 'looking' for him for 5 years is crap. and sinc we dont get government assistance i guess its not easy for them to locate my husband, but now that she has applied for welfare now they want to find him. its crap. i dont see any reason to upset the kids life and she is throwin a fit and doesnt want him to take paternity. in my opinion i think its cuz she isnt sure and knows if he takes it then my husband cant sign the papers so her husband can adopt him. why else would someone throw such a fit about a dna test? and if he does take the test and he isnt my husbands then the kid has to go on without a nmame on birth certificate which is why she want him to sign over rights to begin with, she wants him to waive the dna and sign over rights, so if there is no dna test i dont see the need to pay the back support. maybe im a bitch i dont know.

    Comment by CuriousWife84 (original poster) at 11:29 PM on Jul. 30, 2010

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