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should I???

 
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Ashley Barlow



Joined: 18 Oct 2006
Posts: 11
State or Province: Oklahoma

PostPosted: Sun Sep 23, 2007 1:21 am    Post subject: should I??? Reply with quote

me and my babys daddy were split up for the first couple of months after our son was born. He is 5 months old now. He didnt pay child support then. Now that we were back together all he did was give me 20$ and a bag of diapers, i mean at least its something but he should do more. Now we are split up again and he is saying that he is going to sign over all his rights to me and even if i file child support he wont have to pay b\c he signed over his rights. is this true what can i do??? and his name isnt on the birth certificate because we werent together at the time and he wanted nothing to do with either of us! please help I am so confused! Question Confused Confused Confused Mad
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abbis_momma



Joined: 19 Jun 2008
Posts: 3
State or Province: Louisiana

PostPosted: Thu Jun 19, 2008 2:30 pm    Post subject: Reply with quote

If he self-terminates parental rights, he's no longer required to pay support. He has that option. He's correct in that assumption. However, he also has no rights to visitation or anything else relating to the child. He will never be able to seek custody, never be able to seek visitation, none of the usual 'rights' afforded to a father. That's called a double edged sword - in one way, it's a relief. In another, it's not totally fair.

And there's nothing you can do about it. If he self terminates, it's permanant. It's also something that you cannot stop.
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Still in Love



Joined: 05 Sep 2006
Posts: 216
State or Province: California

PostPosted: Thu Jun 19, 2008 6:54 pm    Post subject: Reply with quote

actually, that isn't true... he can't just arbitrarily decide to terminate all his rights. She would need to agree to it. If she files for support, and he tries to say that, the judge will tell him he should have thought about that before. He may not want his legal rights or custody, but he can be forced to pay for support.

If it was that easy to just say... Oh I am just going to terminate my rights... don't you think all dead beat dads would have done that instead of owing tens of thousands of dallars.
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abbis_momma



Joined: 19 Jun 2008
Posts: 3
State or Province: Louisiana

PostPosted: Fri Jun 20, 2008 12:36 pm    Post subject: Reply with quote

In Louisiana, that is the case. My ex has the option of self teminating his rights, and I cannot stop him. I've actually considered, just to get him and his new wife out of my hair, asking him to terminate his rights myself, just because I want them out of my hair.

In California, it may be different. However, my experience is that in my state you can indeed terminate your own parental rights.
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Still in Love



Joined: 05 Sep 2006
Posts: 216
State or Province: California

PostPosted: Fri Jun 20, 2008 3:00 pm    Post subject: Reply with quote

You are wrong again...

Here are the federal guidelines of termation of parental rights. He can't just say he doesn't want to have to pay and terminate his rights... he can refuse his right to custody and legal standing, but he will always have to support his child. As the child's mother, if he is indifferent to his child, she can petition the courts to terminate the father's rights...

Please read the federal guidelines... cause if you are thinking about trying to terminate your baby's dad's rights you may want to actually do some research. And please remember federal law will trump state law. I have been dealing with family court for more then 20 years...

Termination of Parental Rights

Defined

A termination of parental rights means that the person who was the natural parent of a child no longer has any rights or responsibilities to that child.

Rights:

Rights regarding a child include the right to decide what kind of education, health care, religion, morals and values the child should have. Custody rights and visitation rights are also associated with children.

Responsibilities:

Responsibilities include the duty to provide food, clothing and shelter for the child, provide all necessary child support, daycare, etc.

A parent whose rights have been terminated has the same rights and responsibilities toward that child as a complete stranger. Such a parent is not responsible for any support, nor is that parent allowed to have any input or influence over the education, teaching and upbringing of that child. In fact, a parent whose parental rights have been terminated does not even have the right to see or contact the child.

There are two ways by which parental rights may be terminated.

Voluntarily

The natural parents may voluntarily consent to the termination of their parental rights, such as when an adoption is being permitted, and the child will live with new adoptive parents. Court approval is required for this kind of proceding.

Involuntarily

Parental rights may also be terminated involuntarily. To terminate these rights involuntarily, the moving party must demonstrate that the natural parent or parents have abandoned the child.

Abandonment is demonstrated by showing that the parent has, by conduct continuing for a period of at least six months, either evidenced a settled purpose for relinquishing parental claim to a child, or has refused or failed to perform parental duties. A petition to terminate parental rights may be filed by either parent, an agency supervised by the Department of Public Welfare and providing adoption services, or an individual having custody or standing in loco parentis to the child.

Note: As a general rule, courts are reluctant to terminate parental rights when one parent feels that another parent is unfit. Even if one parent has lots of flaws, courts are hesitant to simply relieve a parent of his or her duties to properly raise the child and pay for the child's expenses.

It is extremely difficult to terminate parental rights, and courts will do so only in rare circumstances.
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fufifniliy



Joined: 24 Jul 2014
Posts: 3
State or Province: Delaware

PostPosted: Thu Jul 24, 2014 8:00 pm    Post subject: Reply with quote

Father: You know, Tom, when Lincoln was your age, he was a very good pupil. In fact, he was the best pupil in his class.Tom: Yes, Father. I know that. But when he was your age, he was President of the United States.




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