question on signing over parental rights - Page 2 - Mothering Forums

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#31 of 37 Old 03-27-2008, 01:36 AM
 
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Originally Posted by trinity6232000 View Post
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.

Well-put!
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#32 of 37 Old 03-27-2008, 01:38 AM
 
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Originally Posted by mooninjune68 View Post
Well-put!
Indeed...we cross-posted, otherwise I'd have just said, yeah, that.
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#33 of 37 Old 03-27-2008, 12:50 PM
 
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I'm sorry you are not hearing what you want to hear. I had a similar experience when I wanted to relocate with DS. I probably asked my attorney 20 different times and 20 different ways how I could make that happen. No matter how much I wanted it, and no matter how I worded the question, the answer was always the same. And it wasn't the answer I wanted.

Since you are currently on assistance, you likely qualify for legal aid. Go talk to a legal aid attorney. They will tell you the same thing as the mamas here have. The only chance you have of getting close to the arrangement you seek is to make a handshake agreement with your ex and promise to leave each other alone. The legal system will not support you in codifying or enforcing it, however.
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#34 of 37 Old 03-27-2008, 12:55 PM - Thread Starter
 
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hello all, well once again I have to say that the main frustration is not the fact that Im not hearing what I want to hear...its simply that no one is looking at the one question I have... but I keep getting info on public assistance and child support. I know this info and dont care about it. to re state the question its simply if he can change his mind once he signs over his rights (and I wanted to clear up that I never said anyone was rude, not at all).... also again I have to stress the fact that my public assistance is quite temporary..I only got it for the month of march and it might even be ending this week, like ive said from he beginning I have quite a unique situation, this one is quite the doosey. having said that it would probably be best to get accurate info from a lawyer who knows all the detail of my situation. I thank you for all your responses but Im going to have to go back and edit my comments because my STBX now has access to this site... thanks again.
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#35 of 37 Old 03-27-2008, 01:53 PM
 
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If he cannot sign over his rights in the first place, whether or not he can try to regain them is a moot point.
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#36 of 37 Old 03-27-2008, 02:13 PM
 
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Originally Posted by WatermelonSnow View Post
If he cannot sign over his rights in the first place, whether or not he can try to regain them is a moot point.
Exactly . . . and whether he can sign over his rights voluntarily--with your consent, of course--is inextricably linked to the support/assistance issues raised within the responding posts.

Good luck!
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#37 of 37 Old 03-27-2008, 02:32 PM
 
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<snip>

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.
If, indeed, he is able to relenquish rights, the above is the answer to your question of whether or not he can try to regain them. The take-home message being, there is nothing you can do to prevent him from attempting to regain them in the future. And any judgement that may come from such an attempt will be based at least in part on intervening history, which means events that at this point in time lie entirely in the future. No mama on MDC, not even a $400/hour attorney, has the crystal ball that can say what such an outcome might be.
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