post #21 of 37
3/26/08 at 3:11pm
Hey all I had a question about this. My stbx said he would sign over parental rights to me... thats what I want. I know I will not get child support if he does that and that is fine. My question though is he is threatening me saying that if he does do this and doesnt like how things are afterwards he will go to court and get his rights back. (even though I know I dont HAVE to let him see our child I said I would but he thinks Im gonna pull a fast one) anyway my question is once he signs it over can he really go to court to get it back? I thought once its done its done. Anyone know about this?
also how would he sign over rights? we are in CA, does that need to be done through a big court hearing or can we do it with our own attorneys? any info is greatly appreciated.
there was a time when MDC was helpful but I suppose now is the time to move on. the same crowd just doesnt hang around here anymore.... either that or too many hormones.
MDC is still helpful. I've seen many people reply to this thread with a lot of really good information, it's just that the responses aren't what you were a)expecting b)want to hear.
I haven't seen anybody act judgmental, or rude. The only reason we brought up public assistance is because we've been threw it. If your a single parent, and you go for public assistance most of the time they want information on the father. That is so that they can recoup some of the money that they are paying to the mother asking for assistance. It's not a judgement. A judge will not look kindly on a mother willing to give up child support who has been on assistance for any period of time. We're all bringing it up, cause many of us have been there.
Child support belongs to the child. It's not a mother or a fathers choice to decide the child won't receive money that belongs to the child. Most states hold this up as the law, it's one of the reasons so many states won't allow termination unless somebody else is willing to adopt the child, they want to make sure that the child is supported.
OR if the father is abusive to the child.
Over the years I have seen many mama's look into having the rights of the father terminated. I only know of one mama who got the ruling in her favor, and didn't have a person adopting her child. Just one.
I sent you that link about the case law in California. Saying . . . "The California Court of Appeals reaffirmed today that parents may not, by mutual agreement, waive their obligations toward their children." and "Parents have no right, in California, to waive or limit by agreement a child's right to support.... Public policy intervenes to protect the child's continued right to support. A judgment so terminating parental rights and the attendant obligation to support the child is void as a breach of public policy and as an act in excess of the court's jurisdiction."
So we're not just making up stuff so not to agree with you. It's the law.
So of course find a lawyer, and try to do what you want. But in the end you might pay a lot of money for a court hearing, and lawyers for nothing. I do wish you the best.
Please don't judge us saying we're not helpful for not giving the information you want. All the blessings in the world for your upcoming birth and a early Happy Baby Moon.
If he cannot sign over his rights in the first place, whether or not he can try to regain them is a moot point.
But bear in mind that that answer may by necessity be uncertain. Even the best lawyer (or, especially the best lawyer) might have to say--if they are honest--"possible, but difficult", or "highly unlikely", or whatever. There are very few absolutes in law. There are precedents, case law, principles, laws, etc. But they are then applied to real-life situations, real-life people...
The only thing I can add is that there is NOTHING you can do to stop him from attempting to recover those rights at a later time in the courts.
Whether or not he has a snowball's chance in Hawaii of succeeding or will be thrown out of court by the judge on the first day is a completely different question.