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View Full Version : Need advice...Pls anyone..Ex trying to give up parental rights .. California


Byoncee
06-04-2008, 08:45 PM
HEres my story.. My ex husband and I have joint custody of our son..he also has court ordered every weekend visitations.. Well hes been remarried and so have I since my son was 2yrs old..SInce then all he has been paying in CS is 100 mo.. my son is 14yrs old now..and I have never modified his support because like all divorce sometimes u just dont get along...Well Me and His wife didnt care to much eachother but I always kept it civil for my sons sake..Until last year when my son didnt want to go over anymore..I asked him why and he finally told me everything..My ex has 6kids with his wife and so do i with my husband..but the diffrence is my husband has never treated any of the kids diffrent and she has..she would tell my son that he wasnt her kid and rude comments that u just dont say to kids...especially if u know what u got yourself into in the first place. Anywho my son proceeded to tell me more and more..I was furious and asked her why she was doing that..All these years I had not modified the support to keep the peace and I didnt want her to take it our on my son...I would let them take him even on the days that werent court ordered..u know I tried...And now shes going to still hurt my son..I dont think so..So I told them that my son will no longer go to there house, but that his dad could come pick him up for a few hours to spend time with him ...Well this was jun 07 until now hasnt contacted my son..FInally in April08 the CS sent me a packet to update our financial and visitation...Turns out that he has to pay 1600mo...hes been with the same employer since my son has been 2yrs.. And thats what he wouldve been paying all along...I told CS that I dont want that much that I Would take 800mo..So they called him to see if he agreed so we wouldnt take it to court..But he said no..Now hes calling me because he wants to terminate his parental rights.. Can someone do that.?? he says its cause my son is happier with one family...and what not...But I had asked Him many years ago, to terminate his rights so my husband would adopt him and he refused...but now its okay...now he wants me to feel bad about him.. because supposedly his wife is going to leave him over this...They have called my son a liar..I mean they have done so much...I told my son to tell his dad when his stepmom was saying stuff to him and when my son did that ...He would tell my son to stop making things up...

Does anyone know If he can just Terminate his rights...Without us agreeing to it? Thanks..

xena
06-05-2008, 11:42 AM
HEres my story.. My ex husband and I have joint custody of our son..he also has court ordered every weekend visitations.. Well hes been remarried and so have I since my son was 2yrs old..SInce then all he has been paying in CS is 100 mo.. my son is 14yrs old now..and I have never modified his support because like all divorce sometimes u just dont get along...Well Me and His wife didnt care to much eachother but I always kept it civil for my sons sake..Until last year when my son didnt want to go over anymore..I asked him why and he finally told me everything..My ex has 6kids with his wife and so do i with my husband..but the diffrence is my husband has never treated any of the kids diffrent and she has..she would tell my son that he wasnt her kid and rude comments that u just dont say to kids...especially if u know what u got yourself into in the first place. Anywho my son proceeded to tell me more and more..I was furious and asked her why she was doing that..All these years I had not modified the support to keep the peace and I didnt want her to take it our on my son...I would let them take him even on the days that werent court ordered..u know I tried...And now shes going to still hurt my son..I dont think so..So I told them that my son will no longer go to there house, but that his dad could come pick him up for a few hours to spend time with him ...Well this was jun 07 until now hasnt contacted my son..FInally in April08 the CS sent me a packet to update our financial and visitation...Turns out that he has to pay 1600mo...hes been with the same employer since my son has been 2yrs.. And thats what he wouldve been paying all along...I told CS that I dont want that much that I Would take 800mo..So they called him to see if he agreed so we wouldnt take it to court..But he said no..Now hes calling me because he wants to terminate his parental rights.. Can someone do that.?? he says its cause my son is happier with one family...and what not...But I had asked Him many years ago, to terminate his rights so my husband would adopt him and he refused...but now its okay...now he wants me to feel bad about him.. because supposedly his wife is going to leave him over this...They have called my son a liar..I mean they have done so much...I told my son to tell his dad when his stepmom was saying stuff to him and when my son did that ...He would tell my son to stop making things up...

Does anyone know If he can just Terminate his rights...Without us agreeing to it? Thanks..

No, he cannot terminate his rights without your agreement.
That does bring up a question though- you said that your son does not want to go to his father's and that years ago you asked ex to TPR and allow your husband to adopt. So, now is your chance to have him agree to an adoption, it sounds like your son would be happy with that.

Unfortunately, you ignored the court order for visitation when you refused to send your son for visits. Technically, your ex could easily file for contempt against you. That is another reason that you should reconsider a TPR and adoption.

Because your ex refused to accept your offer of less CS, he's going to find that he'll end up being ordered to pay the full guideline amount, you can expect that he will offer a TPR and adoption to you once he discovers how much he'll be paying.

Byoncee
06-05-2008, 12:32 PM
Thanks for your advice..
I knew that telling him that he could'nt see my son would probably bring me trouble and he did bring up the fact that I did say that My son could not go over..But like I told him technically I cannot keep my son from him because it is court ordered. Honestly I did think, hm maybe he will get me for contempt, like u said..But he used it to his advantage and Stopped seeing my son all together. He stood away because his wife made him chose either my son or her and his kids. What my ex did was pick my son up for 2hrs told my son that he was just going to pick him up for now on cause his wife doesnt want him over there either..then he dropped him off and dissappeared.. My son was really hurt.. I told my son that his dad still loves him u know..Even if I want to tell him the worse thing ever Im not going to tell it to a child...

Its like you said...Now is my chance to have my husband adopt him..and at first I was thrilled, But It just didnt seem right to me u know, Wait a minute I thought here he is, I could never talk to him before because his wife wouldnt allow it...I hadnt talked to him in 6yrs I had to go through her, because she was weirdly insecure. I was never even involved in there lives, I never gave her a motive to be that way, but I just dealt with it ..again not to argue..ANd all of a sudden hes calling me like nothing..
HE even calls me from his cell phone..wow(ANd when I told him last year that he couldnt see my son ..She let him talk to me but she was on the other line.)
ANd now because of money he wants to give up having a son...mind you..this is his only son..they have 6 daughters..
I thought to myself if it were true that he had my sons happiness in mind then why didnt he tell my son this last year when he stopped seeing my son..or talk to him..my son is 14yrs old he understands alot..He could of told him hey son..u always wanted 1 family what do u think about your other dad adopting u..u know somewhere along that line..to let my son know that he did have his happiness in mind..Not now..
I wonder what my son thinks.. I wonder if he feels worse..u know like any kid..HEs giving me up for money..
Im just glad that he cant give up his rights ..unless I agree..and I dont think its fair for him to try it now..

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