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Parental rights


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#1 Michaela_84

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Posted 10 December 2009 - 05:09 AM

My husband that is currently in the Navy wants to give up his rights to his to boys that live in PA. He never gets to see or speak to them and he pays way to much in Childsupport to the point that we can't even afford to live. He already lost is rights  to his daughter in NM because he is the Navy and never gets to see her. And now he wants to give up his boys in PA? How would he do that and does he still have to pay childsupport if he gives up all his rights?

#2 pg1067

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Posted 11 December 2009 - 03:03 AM

Rights and obligations are two different things.  Generally, one cannot voluntarily give up one's parental rights except in connection with adoption by someone else.  In such a case, he would be relieved of child support obligations, but not otherwise.  If he wants visitation, he needs to seek to enforce it.  If the child support order is overly onerous, he should look into a modification.

#3 Michaela_84

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Posted 11 December 2009 - 04:20 AM

He does not have rights to his daughter and does not have to pay childsupport either. And I also have a friend that voluntery gave up his right and doesnt have to pay child support. Most states YOU CAN give up your rights with out someone else adopting them and you dont have to pay childsupprt. I was just wondering what the laws were in PA? If you give up right you dont have to pay child supprt.

#4 pg1067

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Posted 11 December 2009 - 07:59 AM

These people may have signed something saying that they give up their rights, and their exes may go along with that by not seeking to enforce child support, but the only way that a person can legally be divested of parental rights is by way of a court order, and I know of no law in any state (outside of the context of adoption) that allows a parent voluntarily to surrender his her parental rights and, as a result, be absolved of any liability for child support.


By all means have your husband consult with a local attorney about this.



#5 Michaela_84

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Posted 11 December 2009 - 08:13 AM

Actually there are quite a few states that will let a parent volunteraly give up there rights... I found quite a few. Any parent can give up there rights in anystate I found out today. Child support is a hole different issue though. Once a parent gives up there rights they no longer have to pay childsupport becasue they no longer have leagal ties or obligation to support that child. I called a lawyer is PA and GA today. And got all my answers

#6 rootofallevil

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Posted 14 December 2009 - 05:18 AM

I'm going back 22 years...in the state of PA...


The dad and I were young and stupid when I had my daughter, but, the one thing the dad and I were both in agreement on was that I didn't want him to be a part of my daughters life and he did not want to be a part of my daughters life


I questioned my attorney about terminating his parental rights and I was told that even though the dad wanted nothing to do with me or our daughter I could not simply request that parental rights be terminated.  On the flip side, the dad could not voluntarily request it either.  Unless....


it was an adoptive situation.



#7 Michaela_84

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Posted 14 December 2009 - 05:34 AM

I have already contacted a lawyer in PA and they said that he can vounentarly give up his right.. Alot of states will let the father/mother give up there rights  voulentarly.

#8 rootofallevil

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Posted 14 December 2009 - 06:36 AM

Like I said, my case was 22 years ago but...


Yes, either of us could have VOLUNTARILY given up our parental rights....


in an adoptive situation.


What your saying just doesn't make sense.  Good god, do you know how many times I would have gladly given up parental rights when my  daughter hit the preteen and teen years?  LOL 


imagine if I could have simply just VOLUNTARILY given up parental rights because my daughter was growing up and in particular becoming social.  Which meant she was spending more time at her friends and at dances so I never got to see her anyway...I was paying for food, clothes and shelter for a person I rarely saw...how is that fair?



#9 Michaela_84

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Posted 14 December 2009 - 06:53 AM

Right now he has joint custody with his ex-wife. He is in the Navy so he is in and out all the time on deployents.. He gets to see them Maybe once a year for a weekend if we can afford for him to take the trip. He pays $800 a month in childsupport that he never gets to see. When he calls them they never talk to him, They seriously say HI and then Bye.. It hurts him to know that he is loosing them and when they do talk to him they ask him when he is going to see them and he can't, So instead  of hurting them and himself buy never seeing each other he has decided to give up his rights to them and fins them later on in life. Those boys are going to grow up with mental issue if he never goes to see them, Finacailly he cant see them as much as them and him want to. So he wants to give up his rights... How is that confusing.. A lawyer in PA already said that he can vounlatrly give them up no adopiton is needed.

#10 Ted_from_Texas

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Posted 14 December 2009 - 07:10 AM

Michaela_84, since you clearly don't believe what anyone in this forum is telling you and would rather argue instead, I suggest you simply contact the attorney who told your husband he could "give up" his rights, and ask how he should go about doing that, and whether he'll have to continue paying child support.  I'd be interested to hear the response.  I predict s/he'll say (a) that your husband can voluntarily "give up" his rights simply by declining to enforce them, and (B) whether he enforces his rights or not, he'll have to continue to pay child support until the children turn 18 and graduate from high school.  Let me know how I score. . .

#11 Michaela_84

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Posted 14 December 2009 - 07:26 AM

Ted_from_texas


I'm not fighting with anybody! And if you read it all  I HAVE ALREADY CONTACTED A LAYWER IN PA AND GOT ALL MY ANSWERS! FYI- He is able to give up his rights! SO your score..."0"...All I did was simply ask a question, I didnt need nobody rude as imput! i.e YOURS! I called a lawyer already and spoke with them, and I never said that anybody was wrong either... So why dont you just read wverything before you decided to put you wrong 2 cents in!



#12 Ted_from_Texas

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Posted 14 December 2009 - 07:42 AM

Yes, well.  In your original post you asked two questions, neither of which was, can your husband give up his rights to his sons?  They were (I'm paraphrasing here):


1.  How does your husband go about giving up his rights? and


2.  If he does, will he have to continue paying child support?


In the preceding thread, you haven't indicated how your attorney answered either of these questions.  Inquiring minds would like to know. . .



#13 Michaela_84

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Posted 14 December 2009 - 07:54 AM

Hints the post that says.... I have already called a lawyer and got all my answers and he can give up his rights!


READ UP before you decided to run your mouth next time! I already said I called a lawyer and got ALL my answers..!! So dont pick a fight you cant win...Thanks



#14 rootofallevil

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Posted 14 December 2009 - 09:23 AM

Michaela_84 I'd really like to know what the attorney said too.   


Nowadays, if there is a father to be found, the GOVERNMENT isn't just letting him disappear into the sunset.  There are CP's that have been on welfare for awhile, have government health benefits for the kids, get food stamps, etc and the government is clamping down...not the courts.  As of late, government agencies want proof that dad does NOT exist or is incapable of providing CS, insurance, etc.  They don't care where he lives or if he gets to actually see his kids.  If they are his kids he is to pick up the slack, then if more help is needed the government will step in...but dad is found first!


About 2 years ago I was working with a man who never knew that a girl he dated for a short while had his baby.  Seven years later she was forced to find him because CA felt he should be responsible for the child, not them, and they were terminating benefits for the child.   He's been providing health insurance and paying child support for about a year now, but has only just recently gotten limited visitation with the child.  Voluntary termination was discussed and then her attorney said it couldn't happen.


Michaela_84 before giving the attorneys you talked to any money, ask them for case specific information.  I'm still not 100% convinced of what you've heard.  In your husband's case he had a relationship which resulted in 2 boys and there is a custody agreement in place.  So there is a CP (mom) and an NCP (dad).  Don't think for a minute that NCP is going to be able to "sneak" this one by the CP...no way in hell...LOL  I've been on the NCP side of things for too long and if the CP doesn't want NCP to give up parental rights your financial problems are going to get even worse.  So the attorney is saying it can be done....well, I guess anything can be done...but at what cost my dear?


 






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