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Signing a child's rights over...

So I have had it with my ex husband. We have a 5 year old together and when we got divorced I got full custody and he got reasonable visitation. He hasn't called or came to see her since November. I already went and talked to my lawyer because in the divorce papers it said if he went a year without coming to see her or if he went a year without paying child support then I could have a judge take his rights away and at the time I talked to the laywer it had been like 10 months without seeing her and in 3 years I have received no child support at all so he owes me like somewhere around $9000. So this is where my question comes in. When I talked to my lawyer she said it would cost $1500 for her to do the papers to take his rights away, but if I could somehow talk him into willfully signing his rights over would that cost me as much? I didn't think to ask her that and when I called again to talk to her the secretary said I'd have to pay another $50 consultation fee :/ I'm sure there is someone out there who's had someone sign their kids rights over that would know.

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Asked by Anonymous at 1:19 AM on Apr. 21, 2011 in General Parenting

Answers (1)
  • Yes, it would cost as much. The attorney would still need to type up the paperwork, and still be present in Court to have the judge sign off on the Order.

    However, if support is through the state, they may not allow him to sign his rights over, as he owes that money. Also, if he hasn't been absent for a full year (November to April is only 6 months), more than likely they will not allow his rights to be stripped without his consent. Rights are taken away for abondonment, which means that he neither supported or visited in a year.

    Answer by laird6372 at 2:44 AM on Apr. 21, 2011

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