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My son's father wants to give his rights up, how do I go about having this done?


I'm a single mother who only wants the best for her son. After a visit to mediation, my son's father decided he would give up his visitation to be only by mutual agreement. He wasn't seeing his son like he was supposed to as it was so I expected this and was okay with it. At mediation we were to discuss child support and he doesn't want to pay more than he already does which doesn't really pay for the needs of our son as it is. He now wants to give his rights up because he can't afford to pay me any more money and because he really just wants nothing to do with our son. I've tried to call the courthouse but they're no help.
If anyone knows what I need to do for him to give his rights up, could you let me know? Thanks!

My whole point in him giving his rights up to his child is because he shows no interest in him. He could care if he was alive or not, my son shouldn't be told by his own father at the age of 4 that he wants nothing to do with him. If my son gets older and wants to see his son I have no problem with that. I've provided for my son well over 3 years by myself and the only reason he started paying me child support in the first place is because he offered and now he doesn't want to help? Between the costs of clothes, food, daycare, and all of the other things that come along with a child what he pays is only a small fraction of what I pay out.

The court will not terminate parental rights for the purpose of stopping child support.

His support is not intended to fully pay all costs associated with raising your son, it is supposed to cover his share.

Get a lawyer or legal aid. Get the proper support order in place. Provide for visitation if you really want what is best for your son even if he does not use it. perhaps he will one day. What is best for your son is to be involved with both parents.

The court is not going to terminate his parental rights just because "he wants nothing to do with his son" either.

Can you explain how your planned actions are in the best interest of your child?

He can legally give up visitation rights, but this will not automatically end his obligation to pay chilkd support. Court ordered child support is based on the ability to pay and can only be rasied or lowered by a cahnge in his ability to pay.

You must go before a Judge to have this done but please care full of the consequences.

what will you do when your son gets older & wants to see his father, deny him?

The only way for a parent to truly give up all parental rights- visitation, support, etc- is if there is an adopting stepparent petitioning to take the place of the parent fully terminating their rights.

He can certainly give up his rights to physical and legal custody, but he will still need to pay child support. You will also still be able to request modifications of support if circumstances change and his income is raised significantly, etc. Any non-payment of support after he gives up legal and visitation will result in him falling into arrears.

I will answer your central question the best way I can: request modification of visitation and legal custody and tell the judge that you have come to an agreement that the father will have no further legal or visitation rights. I would strongly suggest both you and him retain your own attorneys for the process, and discuss it wit the mediator prior. It may be good for the father to be out of the picture in your eyes, but for the child, it's usually very different. And also, dad really needs to understand that no visitation does not equal not having to pay support.

If you don't feel that you are receiving adequate child support, please go to the source below, and if there is a large difference file for modification of support.

But just keep in mind, dad may come around some day and it may be good to not terminate all visitation due to that. It really sounds like support for you is the big issue; you aren't receiving enough and you're (somewhat justifiably) embittered at dad over a combination of a lack of adequate support and his involvement. But ultimately that really doesn't matter if dad's that adamant about giving up visitation.

EDIT:

Please note I DID read your additional details, and am sympathetic. It is simply that you put in your question and the followup details more about the support than about the lack of contact, which is why I draw the conclusion I do. You want legal advice, I give it. If you want me to say what you want to hear though, tell me what you want me to say, and I will misinform you verbatim. I'm not trying to be rude, just give you the facts of what an attorney or judge would be thinking if he read your statement.

The other posters do also bring up some great questions I think should be answered.

I do hope out for the best of all involved.

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