PDA

View Full Version : can he sign over his rights?... South Carolina


mrswright
10-08-2006, 08:05 AM
i am the mother of a 3 year old son who biological father has decided to "reliquish" his rights...i'm afraid that if he does he will be out of paying child support & i dont believe that is fair to my son...yes, it would be in my son's best intrest if he did reliquish his rights considering his never seen my son & doesn't even know his name but, i dont want him getting off that easy & that's all it is..he just wants out of paying child support...

we were never married do that change anything?...& if i decide to, can i deny his request or is that all up to the judge?

cyjeff
10-08-2006, 08:23 AM
In most states, an established father can not relinquish his rights - both emotional and financial - to a child unless someone else wants to claim those rights.

I am assuming paternity has been established. He cannot get out of paying because he doesn't want to.

turbowray
10-08-2006, 11:13 AM
I agree, most of the time when the courts agree to relinquish the other parents rights, is when say, you remarry, and your new husband wants to adopt, and the dad doesn't mind. It is NOT in the best interest of the child for the dad to get his rights taken away because he is a dead beat father! Jeff is right on the button on this one! If he petitions the courts for this, and you are present, yes by all means, you can say you do not want him getting out of child support this way, but chances are, the judge will read right through him, and figure it out, that this is what he is trying to do, nothing more!

mrswright
10-09-2006, 07:39 AM
i have married since my son was born but my husband & i are not ready for him to adopt yet...we want our son to be old enough to make the decision himself...

should i tried to get a lawyer?

xena
10-09-2006, 03:40 PM
i have married since my son was born but my husband & i are not ready for him to adopt yet...we want our son to be old enough to make the decision himself...

should i tried to get a lawyer?

If you want to get a lawyer you can, but it really isn't required. The father cannot relinquish his rights unless YOU AGREE. If he is already the legal father just tell him no, then it will be up to him to go to court about it (which it's almost certain that he'll lose).

IF he isn't the legal father yet and a paternity/CS petition is pending he has the right to deny paternity, UNTIL a court or DNA proves that he is the father, at which time the above begins to apply.

IF he didn't sign an acknowledgement of paternity, and if there isn't any petition for paternity/CS pending, then he doesn't have any legal rights to relinquish.

All the way around you don't have anything to worry about, just monitor the situation for now.

cyjeff
10-09-2006, 04:43 PM
Your present husband could NEVER adopt the child and your ex would have to pay until the court says he is done.

Because you remarried doesn't remove his responsiblity.

turbowray
10-09-2006, 07:24 PM
Your present husband could NEVER adopt the child and your ex would have to pay until the court says he is done.

Because you remarried doesn't remove his responsiblity.

Lol, you left that sentence a little short, maybe it should say your present husband could never adopt the child and your ex would have to pay until the court says he is done paying, and that your present husband can adopt.

Suzy72
10-09-2006, 08:37 PM
I know that in NC you can get a TPR without an adoption, and I want to say that is true in SC also, but I cannot be certain on that. However, once that is done the support is gone... and in those cases it must be agreed upon by both parents.

mrswright
10-13-2006, 05:48 AM
everything i'm finding on the net says that even tho he signs over his rights doesnt mean he wont be finacially resposiable...can't spell but, whatever...

i feel the need to clarify myself from sounding a bit stupid...all the trouble this man & his wife has caused me should make me allow him to sign over his rights & do what he wants but, i think that is so unfair to my son...he doesnt deserve any of this & i believe the "sperm donor" should be resposiable for him...that's why we went to court for cs in the first place.

demartian
10-13-2006, 09:29 AM
If he signs over his rights, he will no longer be required to pay support.

What benefit would you get from him signing over his rights? If he is not around, I assume that you already have sole custody and make all of the decisions for your son.

mommyof4
10-13-2006, 09:40 AM
Bottom line...if you do not consent to allow him to terminate his parental rights, he will not be able to do so. He can threaten, whine, plead, and sue all he wants. You have the final answer in this situation. So, if you and your husband do not feel it is the right time for him to adopt your child, that's it. You don't even have to discuss this with the father. He has no power or ability to get what he wants.

demartian, while it is true in most cases that tpr negates any ongoing child support, there are times when a parent's rights are terminated but he or she is still required to pay child support. But, in a case such as the OP's, if she agreed to tpr and allow adoption, he would NOT be responsible for child support.

mrswright
10-13-2006, 10:01 AM
so it's all up to me?...& i really do not think he should be allowed to sign them over & if it comes down to it i will make sure that he doesnt.

Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements