I write today in regard to my husband who could be the potential father of two children (twins), and was improperly served paperwork for the said children several years ago...He has since had no communication with the children and only pays a child support arrangement for 400.00/mo which the mother told the judge in court is used for her to pay off her credit card bills and that he could never afford to even think about paying for the children's expenses that they incure on a monthly basis...neither here nor there...at this point he would like to know his options for signing over these "so-called" rights that he has when he has only seen the children once and that was when they were 1 week old and now they are 7 years old.
We have went to the courts several times and requested visitation, only to be denied because the mother states that there isn't a relationship that has been established and that the children's father is now her husband....furthermore that this would only create another hardship on the family and the judge continues to approve her request!!!!
We have spoke with his child support worker and she states that she will send him some more information on "fathers right's", however this isn't going to help because that's where we started 4 years ago...only to have increases in child support arrangements and still no visitation of any kind.
At this point we feel it to be in the best interest of the children to allow the husband to adopt the children, since there is no relationship established....what's the next step? Does he really want to do this to benefit her? Or should he continue down the "dead-end" road for "dead-beat" dad's?
ShakinThingzUp
12-07-2007, 07:14 PM
I would suggest that he first ask himself if the new Dad in their life is a good person & make sure of it - check him out....
If he's satisfied with that, and still wants to sign over his rights, I would suggest he talk to the Mom and find out how she feels about it - she can make it a lot easier if she is for it....
But, I am speaking from a Moms perspective who wants the absent parent to sign over his rights...... I'm sure there are folks here who have more experience.
God Bless!
Amy
Baystategirl
12-07-2007, 08:07 PM
Good Afternoon,
I write today in regard to my husband who could be the potential father of two children (twins), and was improperly served paperwork for the said children several years ago...He has since had no communication with the children and only pays a child support arrangement for 400.00/mo which the mother told the judge in court is used for her to pay off her credit card bills and that he could never afford to even think about paying for the children's expenses that they incure on a monthly basis...neither here nor there...at this point he would like to know his options for signing over these "so-called" rights that he has when he has only seen the children once and that was when they were 1 week old and now they are 7 years old.
We have went to the courts several times and requested visitation, only to be denied because the mother states that there isn't a relationship that has been established and that the children's father is now her husband....furthermore that this would only create another hardship on the family and the judge continues to approve her request!!!!
We have spoke with his child support worker and she states that she will send him some more information on "fathers right's", however this isn't going to help because that's where we started 4 years ago...only to have increases in child support arrangements and still no visitation of any kind.
At this point we feel it to be in the best interest of the children to allow the husband to adopt the children, since there is no relationship established....what's the next step? Does he really want to do this to benefit her? Or should he continue down the "dead-end" road for "dead-beat" dad's?
Did Dad ever file for custody/visitation? If so, how old was the child at that time??
As a rule a parent can't TPR in order to avoid paying support. But if there is a step willing to adopt then a TPR can be granted if the courts deem it in the best interest of the child. So has Mom given any indication that her hubby wants to adopt this child/ren?
cyjeff
12-07-2007, 08:46 PM
To elaborate on the above....
You cannot give up rights to a child without someone else assuming them ... well, except for specific instances and those don't apply here.
If the husband doesn't want to adopt, you are out of luck. You cannot force him to adopt.
mom26
12-08-2007, 08:36 AM
First off I have to say that he was improperly served is probly wrong.... She(MOM) probly tried contacting him the alleged father and therfore could not be located or did not return theproper paper work and the jude on the case presumed him as the father.....
As far as visitation goes that is bull that the jude won't allow it.. Any father can go down and file for visitation to see their children they are paying support on.. They may have supervised for a while due to the fact they do not know each other well.. then go from there..
You can not give up your rights as a father unless there is another father figure there to take over your duties... And in most cases you must be married for one year before the TPR can take place...
Right now If I were him go down monday and file for visitation asap, so he can be a part of their lifes... REMEMBER it was not their fault they were born.
xena
12-08-2007, 01:28 PM
First off I have to say that he was improperly served is probly wrong.... She(MOM) probly tried contacting him the alleged father and therfore could not be located or did not return theproper paper work and the jude on the case presumed him as the father.....
As far as visitation goes that is bull that the jude won't allow it.. Any father can go down and file for visitation to see their children they are paying support on.. They may have supervised for a while due to the fact they do not know each other well.. then go from there..
You can not give up your rights as a father unless there is another father figure there to take over your duties... And in most cases you must be married for one year before the TPR can take place...
Right now If I were him go down monday and file for visitation asap, so he can be a part of their lifes... REMEMBER it was not their fault they were born.
I agree, that was my first thought also.
IF Dad really did file for visitation and it was totally denied, there must be a reason.
OP: Has Dad ever been convicted of a violent crime, or anything else that would lead a court to refuse to allow even supervised visits?
Normally, when an absent NCP files for visitation, it is ordered with a "getting to know each other" period of supervised visits.
I'm not saying that people cannot be wronged in court, or that you are not telling everything, but there must be some good reasons for a Judge to refuse to allow visits, several times. Maybe if you'll post what some of those possible reasons are, maybe we can help.
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