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what does it really mean to sign over your rights to your child?
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what does it really mean to sign over your rights to your child?

my fiance has a 2 year old lil boy and he is in foster care . My fiance is paying child support but children services will not let him have visits with his son if he would sign his rights away would he first off be able to eventually get his son back and 2nd would he still have to pay the support . It is impossible for us to get on our feet with them taking the support out of his paychecks . what should he do ?


    




2010-09-09 05:52:26 +0000
Being in Foster care, they will not approve such a motion, so don't even try. If the child is put up for adoption, than it stops. As for him seeing the child, does he have any rights to do so? Paying child support does not grant parental rights to single fathers. He has to file for permission to see his child in every state. This could be done pro Se. This company does more than divorces.
http://www.helpyourselfdivorce.com/

Do you know where the child is being kept. He could just send them a notice of intent to exercise visitation with the child, than show up on that day with witnesses. The fact that he's making the effort will be useful. Also, he needs to take a parenting court. Here's some links to help.
Http://Single_Fathers_N_Paternity.Dads-House.Org
Http://Getting_Started-Fathers_N_Family_Law.Dads-House.Org
http://Child_Support.Dads-House.org/

Take this Quiz on Child Support:
http://CHILD_SUPPORT_QUIZ.dads-house.org

To learn a father's rights, join Dads House in Yahoo Groups. It's free to join, access all materials, and you associate with other fathers going through, and have already gone through, the same issues. We have an Educational Manual that teaches everything that needs to be known in addressing your legal issues. Mention your question here when asked why you want to join, as well as your state?
http://Dads-House.org


2010-09-08 04:33:29 +0000
if he signs his rights away they will probably stop the child support payments.

If he signs the rights away he would lose any chance to get the son back. He would vanish into the government bureaucracy probably forever.


2010-09-08 07:33:48 +0000
DCS is a division of DSHS an Administrative Agency.

I suggest requesting an administrative hearing to challenge the support order. Find out if the order is just at the DCS level or if it is at the Superior Court level. Be sure to bring an audio recording device with you to the hearing, and make copies of all documents. They will try to omit all your testimony and ignore any documentation that you file. They are sly. Keep in mind that in an administrative process they have been given inter-agency authority to be the rule maker, enforcer, and judge.

If an adverse decision is made file with the Superior Court, do NOT file an appeal with the Board.

Once, in Superior Court you can make the claim that the administrative agency lacks authority to issue an order. You can make the claim that your parental Rights are the res, and in rem proceedings are for the court of Admiralty, which is the federal court exclusive of the state courts.

Your parental Rights are the res (thing), which may only be brought before the Court of Admiralty.

In the mean time, file a STAY OF ENFORCEMENT of the DCS order, or even file suit against DCS. A counter claim stops everything in its tracks.

I am in a similar situation, but I have been preparing for two years.


2010-09-08 05:09:44 +0000
Rating
If his child is under state care,there is no way they will let him sign away his rights and stop paying child support. Someone has to support this child,it should be his father,not the state. Parental rights are not terminated unless someone else is willing to adopt the child and provide financially for him.
Parental rights are taken away by a court. You cannot just decide one day you no longer want to be a parent or support your child.
He made this child,it is his responsibility to support him. If he needs to get a second job to do so,then so be it.
Why is his child in foster care and not with him?


2010-09-08 05:54:55 +0000
Once a parent has their parental rights terminated, there is no going back. It is final and the child is then opened up to being adopted.

Terminating his parental rights would result in his not having to pay child support any longer. However, has he considered going to court and requesting to have his child support reduced? If he can prove that the support is to high for him to reasonably support himself, the court can lower the amount.

The number one goal of the foster care system is reunification of the child with the parent(s). Has he considered completing the goals set forth by the Juvenile Dependency Court in order to have custody of the child granted to him? If he hasn't been involved in the dependency case, then he needs to contact DCFS and ask to be involved in the case.

If this is something he is interested in (getting custody of his child), then there is something you need to keep in mind. Many jurisdictions will "fast track" children under 3. That means that parents of children under the age of 3 will have a shorter period of time in which they can reunify with their child. If the parents are unable to meet the standards of reunification within this time frame, then the parental rights will be terminated.

That being said, the Juvenile Dependency Court will not keep a child in foster care until their 18th birthday. In CA, for example, a parent is typically given a window of only 18 months to complete the requirements for reunification. If, after 18 months, the parent(s) show no "improvement" then the court will excercise their option to terminate their rights and open the child up for adoption.


2010-09-08 04:32:33 +0000
If you sign off your rights thats it. No more child in your life ever unless they decide to find you once they are 18.
No he wouldnt have to pay support.

What should he do? He should take responsibility and pay the support and not sign his child out of his life. Thats what he should do.


2010-09-08 05:09:05 +0000
Rating
Fiance should take responsibility and pay the child support. It would be very inconsiderate of him to sign his son out of his life. What does that tell you about his character & your own future with him? His own flesh & blood he would abandon? He made a child with another woman and the child comes first, then comes his personal life. No child is a mistake, it is a gift from above.

I am a mother that did not receive child support as required by law. My son's father would get a job then quit his job as soon as child support found out where he was working. My son's father then gets married to a woman that receives Social Security and raises her 2 children. They call themselves "poor" because he states he cannot find a job and stays home.
In the meanwhile my 14 year old son is resentful & disgusted of his father because he did not care for him and his stepmother is more important than him.


2010-09-08 04:50:29 +0000
If he signs his parental rights away he will never be able to get his son back or to see him. He would have no more rights to his son than a stranger in the street. He would no longer be considered the boy's father.

The proper name for "singing your rights away" is "terminating parental rights". The termination can only be done by a judge in court. Your fiance can agree to have his rights terminated and sign a document saying so but it's not final until a judge has signed off.

It is not always possible to sign over your rights voluntarily. It's not uncommon that non-custodial fathers want to sign away their rights to get out of paying child support and on those cases the judge will usually deny the request. A termination of parental rights should be done only if it's in the best interest of the child, not because the parent doesn't want to take care of the child they created.

Since this child is in foster care though it's more likely that he would be able to sign over his rights so that the boy can be adopted. Usually if it's unlikely that a child in foster care will be able to return home to his parents in the near future the courts generally believe that it's best that both parents sign over their rights so that the child will be legally free for adoption into a permanent home.

Whether or not your fiance would get out of paying child support or not depends on your state's law. In most states signing over your rights mean that you are no longer responsible for the child in any way. But in some states a parent may still have to pay child support until the child is officially adopted. The son's caseworker should be able to tell you how it works in your state.
I believe though that if termination of parental rights is something that child protective services want they will most likely not ask for child support after the termination as they are more concerned with getting the termination than getting child support. They wouldn't want to discourage your fiance from signing the documents.

If your fiance's income has been reduced since he was ordered to pay child support he can go back to court and ask for the child support to be lowered.


2010-09-08 04:33:38 +0000
Rating
Signing your rights over on a child, means you do not want them, no ties to them, or want to be legally responsible for him. If your fiance signs over all his rights to the child he won't have to pay child support, but he would never have any hope of getting him back or seeing him ever again for all eternity unless the boy sought him out when he became an adult. He should try to work with DSS (department of social services) to get his life together so that he can get his son back by doing everything they ask him to do no matter how small or big.





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