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dad wants to terminate his right

 
 
jrod
 
Reply Sat 15 Sep, 2007 01:08 am
my child's father wants to terminate his parental rights because he got a new girlfriend and doesn't want to pay child support. can i contest this or will it be granted? someone told me that he cant weasel his way out of it and some tell me that the court denies it and the father ends up paying more....i'm really lost here and i don't want my daughter to loose her father because of the whole money issue,which i do not pursue when he doesn't pay.he thinks that because he doesn't call or pay that the court will find him unfit to parent the child and go ahead and let him give up his rights.
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Type: Discussion • Score: 1 • Views: 693 • Replies: 13
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roger
 
  1  
Reply Sat 15 Sep, 2007 01:28 am
It's probably possible to give up a right. He cannot also give up a legal responsibility.

That child support should be going through an agency in your state. The payments are less likely to be ignored.
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jrod
 
  1  
Reply Sat 15 Sep, 2007 01:48 am
dad wants to terminate his rights
i do have him on ordered support but he rarely makes payments, its just he wants to terminate his rights for no reason.
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squinney
 
  1  
Reply Sat 15 Sep, 2007 05:52 am
He cannot terminate his rights to avoid paying child support. The Courts concern is for the child and itself, not him or you. The Court does not want the child to end up on State Services, and therefore, has a vested interest in making him financially responsible for his child.

New girlfriends and not paying are not excuses the Court will allow. Your friend is correct that the judge will likely be much harsher with him if he hasn't been paying and they will laugh him out of court if he comes in saying he wants to terminate his rights because he's not fit because he doesn't pay support.

Don't let him weasel out of his obligation.

The Courts grant termination when there is someone else legally willing to pick up the tab, such as if you are married to someone other than the father and your husband wants to legally adopt your child.
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jrod
 
  1  
Reply Sat 15 Sep, 2007 08:40 am
dad wants to terminate his right
well sayf if i do get married and my new husband doesnt want to adopt yet can they still let him if i am?
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squinney
 
  1  
Reply Sat 15 Sep, 2007 10:41 am
No. Your marital status does not determine the obligation of the childs father. The biological father has to pay. The only thing that would change that is if your new husband agrees to adopt and take over that obligation... or the death of the biological father, in which case his social security would come to the child.

You are in the U.S., correct?
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jrod
 
  1  
Reply Sat 15 Sep, 2007 11:22 am
yes im in texas,i have been doing some search on this and from what ive come up with so far is that the court wont allow it to happen (i hope) his new girlfriend has been very mean and has caled my house a few times at night and talks to me about stuff that has nothing to do with her, she tells me they are caught up on the child support and that i am lying, well i told her that the cild support office tells me he's behind and thaats not my fault its his responsability. we have to go to court monday morning because he has violated his court order and the ag's office feels he will continually violate it and has asked the court to jail/and or fine him/and or jail him up to 6 months until the areanged order has been paid in full and she is pissed and he now wants to sign over his rights because he dont want to pay,go to jail,and make his new girlfriend mad,because she said she hates kids and doesnt even let him see his other 2 kids which i think is stupid because she got into the relationship knowing he had 3 kids.i think it is very hateful for a women to take the kids father not be around. he is dumb for letting it happen. im not sure if i should just let this just take its course, but i dont want him having her when she is around due to the fact she has already said she hates kids.
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Noddy24
 
  1  
Reply Sun 16 Sep, 2007 07:36 am
Jrod--

Welcome to A2K.

Quote:
i think it is very hateful for a women to take the kids father not be around. he is dumb for letting it happen. im not sure if i should just let this just take its course, but i dont want him having her when she is around due to the fact she has already said she hates kids.


Unfortunately your child's father doesn't seem to be a fatherly sort of man.

Pity that he didn't meet his current girlfriend three kids ago.

Whether or not this man is caught up with his child support payments, he has a right to see his child. You can't put restrictions on this unless you can prove that your child would be in danger.

Good luck in court tomorrow.
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CalamityJane
 
  1  
Reply Sun 16 Sep, 2007 10:52 am
Noddy is right, however, if you feel your child is in danger at her father's
house, you can opt for arranged visits at your local social service office,
or have social services arrange for a supervised visit at the father's house.

As for child support, squinney has given you the answers already: it is his
financial obligation to pay child support, regardless of his reasoning.
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jrod
 
  1  
Reply Sun 16 Sep, 2007 07:13 pm
i think maybe i worded it wrong, i dont want to keep her from him,i just dont want my baby around her.ive already heard and seen to many kids getting hurt by the boyfriend or girlfriend of the childs parents. and in no way do i want to put my child in danger by allowing him to have her when she is there, i will ask for supervised visitaion,because i have a recorded tape of her telling me she hates kids and dont even allow him to see his other two. i want him to be involved that is his obligation as a parent to be there. i tell him if he cant make the payments thats fine,thats out of my hands, he can at least make the effort to call her every now and then. i am not a pushy person and by no means am i mean but when my children are involved i am very cautious of who the people they are around .
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jrod
 
  1  
Reply Sun 16 Sep, 2007 07:20 pm
thank you noddy for the good luck. i will let you know how it goes tomorrow,if he shows up,if not that also is out of my hands and is the courts decision on what to do next. i am just so angry that it has to get ugly like this. i hate feeling like the bad person,im just trying to look out for my child,that is my responsibility as a parent. oh well maybe he will snap and figure out he is not in a good situation and move on to better,i have and so should he.
0 Replies
 
Noddy24
 
  1  
Reply Mon 17 Sep, 2007 09:53 am
jrod--

Men are much more likely to abuse a girlfriend's children from a previous relationship than women are to abuse their boyfriends' kids.

Usually this abuse happens when the stepparent is alone with the child and the natural parent is not present.

Abuse is much less likely to happen in a non-custodial situation.

If I were you, I'd be concerned (and keeping an eagle eye out). but I wouldn't be hysterical because something "might" happen.

How did the hearing go today?
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jrod
 
  1  
Reply Mon 17 Sep, 2007 03:26 pm
well i went and of course he wasnt served yet so they are putting a warrent out for his arrest for avaiding service. he has not given the ag's office his new addy yet and he has been living there for a while. this is the secind time they have asked him for it and the judge is just plain fet up for him not owning up to his responsibility,so she is making him come down here and not in a good way.he knew they were looking to serve him i told him they were.but other than that everything went ok,wasnt really much to go on because we couldnt go ahead with the case . but i will keep in touch about everything daily.how was your day today?
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Noddy24
 
  1  
Reply Tue 18 Sep, 2007 04:47 am
Jrod--

Some men are slow learners--they'd rather blame someone else than take responsibility.

I hope the legal machinery eventually grinds out some lovely money for you and your daughter.

Good luck. Hope to see you on A2K.
0 Replies
 
 

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