Parental Rights

[Da Witch]

Ok so here's the deal:

I'm trying to take my daughter's father to court to have him sign away his parental rights. He's never on time with his CS payments and when he does pay he doesn't pay the full amount, he's only spoken to her twice in her life (on the phone) (she's 3 now and the last time she got to talk to him was over a yr ago), and he has NEVER seen her. Now I dunno if that is grounds. If anyone knows anything about this please let me know what I can do.

Tx.

[Yvonne Belisle]

It can be hard to do but it's better than him walking in after doing nothing for years and taking her so he has a chance to be with her. It doesn't happen often but there are some smooth talking people that can go in say that they weren't settled befor and couldn't afford to give the child the things that they need and convince the judge that they can provide more for the child. If he's that much of a dead beat I would consider protecting yourself a wise choice.

[Lilu]

I personally think that's more than enough grounds to get full custody of your child - but then, never having been through that I don't actually KNOW. I'd go for it. It'll probably depend on the judge's thoughts and if your ex tries to defend himself, but like I said, I *personally* think it's more than enough grounds. Good luck!

BB
Lilu

[Arduinna]

Here's what I know. First, if you can get him to sign away his rights then you don't have to go to court and have a judge order it.

If he won't sign them away, then you have to go to court and prove abandonment of the child. Which usually means no contact or support for at least one year. They will interview you, you have to supply info regarding his last known address and his familys addresses. They will require you post a news paper add about this case. Which serves as a public notification, probably only if you have no way of contacting him.

This is based on info I gathered about 10 years ago in California. Your state may be different, or the law may have changed.

Good Luck! It will be worth it in the end.

[Margie]

Have you consulted a lawyer? What have they said. They would probably be more versed on the laws and requirements you would need. GOOD LUCK!

[Krysstar]

99% of the time I would say this is wrong...your the 1% in which case its very right.It sounds like he doesn't much care so I don't see a problem but if he does contest it's probaly a power struggle thing and if he hasn't been paying child support then he'll get arrested for that anyway.I'm not sure the law in other states but I know in Illinois they take your drivers licnes away and jail time. But Ithink not seeing your child...ever....would be grounds for abondment....My sons father can be immature at times ...okay alll the time ..but at least I know he loves him very much and would do any thing for him.If he acted like that I would have taken him to court years ago!!! Good Luck!!!

[Da Witch]

Tx to all who have replied. I had an appointment with the Lawyer today but couldn't make it. The reason why is OT so ima post is seperately.

[Brooke23]

Here's what I know. First, if you can get him to sign away his rights then you don't have to go to court and have a judge order it.

If he won't sign them away, then you have to go to court and prove abandonment of the child. Which usually means no contact or support for at least one year. They will interview you, you have to supply info regarding his last known address and his familys addresses. They will require you post a news paper add about this case. Which serves as a public notification, probably only if you have no way of contacting him.

This is based on info I gathered about 10 years ago in California. Your state may be different, or the law may have changed.

Good Luck! It will be worth it in the end.
Hi I was just wondering if you could answer a couple questions of mine. First, My four year sons father is willing to sign over his rights. I need to know how to go about getting this done.
Thanks, Brooke23

[Amethyst Rose]

Holy thread necromancy, Batman! :)

Hi Brooke23, welcome to MysticWicks!! The person you asked your question of hasn't been online since January, and the original poster of this thread hasn't been online in 4 years, so chances are they won't be able to help you.

However I did some searching online, and from what I can tell, it looks like a father can't sign away his parental rights unless there is someone waiting to adopt the child....so if you have an SO that wants to adopt, then the father can sign away his rights.

I suggest you get a lawyer and ask, just to be certain. :)

[wakywitch]

I beleive that would be enough grounds to gain full custody of your child.
Consult a lawyer.
www.nolo.com
is a link that helped me when I went to court many yrs ago about my daughter's father.
Hope it helps you.