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What happens when you Sign over parental rights?
Family & Parenting / 7:08 PM - Thursday February 01, 2007

What happens when you Sign over parental rights?

I live in New York State. I was wondering if anyone is familair with what happens when you sign away parental rights. My husband has a 13 year old daughter. He faithfully pays his child support, and the court has granted him joint custody, with physical custody belonging to the child's mother. he can have visitation as both parents see fit. every time he asks to see his daughter, he is given a diffent excuse,like she is grounded,or her mother is going on vacation with her new husband and his daughter will be with the sitter. this always ends in a fight, and with him still not being allowed to see her.
she has asked him before to just sign over his parental rights. he has refused, however it has nnow been 7 months since he's been permitted to see her. the time before that it had been a year between the last visitation. my husband is now considering terminating his rights, but does not know what will happen afterwards. does he ever get to speak to his daughter, does he still pay child support. can he legally send money directly to his daughter if he no longer has to pay chid support. he doesn't want her to think that he didn't want her. but he is not allowed to seee her, and she doesn't want to be bothered with even speaking to him. she has a limited amount of phone time and would rather spend it speaking to her friends. her mother said that phone time/computer time spent conversating with her father still counts against the time she is allowed to use the phone/computer. my husband feels like she is already lost to him, and her mother has asked him to sign over the rights before.

- Asked by Female, 36-45

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He has rights - before signing them over he should go to court and demand to be able to see his daughter.

I don't think he should have to pay child support to someone who's he signed those rights away to (if he goes that route), but rather than sending the cash to his daugher, he should maybe set up a trust fund for when she goes to uni or is at least out from under the thumb of the ex-wife.

She is not likely to be 'lost' to him anyways. My mom and her bastard husband kept coming between me, my brother, and our dad. We didn't see him for about 7 or 8 years. I finally looked him up myself when I was old enough and we have a great relationship now.

- Response by mountainchic, A Thinker, Female, 36-45, Other Profession

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The father should be going to court to petition the courts for a set visitation schedule, the mother could potentially lose physical custody by denying her ex-husband reasonable access to his daughter.

He will still have to pay child support. Giving up his parental rights just means he will have no rights concerning her life or decisions his ex-wife makes for his daughter, and he won't be able to see her at all.

There is no court in the world that would let this mother get away with what she is doing, so by him doing nothing to force the ex to allow him reasonable visitation, he's sending his daughter the message that she's not worth fighting for.

- Response by azgylf, A Career Woman, Female, 46-55, Self-Employed

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If he has joint custody he legally has the right to see his child. He could take her to court. If he signs over his parental rights, someone else (for example her current husband) could adopt his daughter. He would have no custody. I have heard that generally when you sign over your parental rights you no longer need to pay child support, but in some cases I think you still have to.

- Response by silver75, A Thinker, Female, 36-45, Stockholm, Other Profession

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Your husband needs to take his ex to court for violation of his visitation rights. The court does not look kindly on one parent denying another rights to see their children. Tell him to file a motion and have it made loud and clear he has rights to his child. Rosey

- Response by roseytalks, A Thinker, Female, Who Cares?, Tampa, Who Cares?

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your husband needs to find an attorny, the ex is violating the joint parental decisions / visitaiton orders. She is in contempt of court and will be in trouble with the law.
As for child support pay, here in Texas, if parental rights are signed away there is no more child support to be paid. He will no longer have an rights to his daughter. Nothing to do with her at all! He would be like a starnger on the street. Does he really want that?
In my case, my ex asked to sign over his rights, because he did not want to have to pay child support. I thought, that was pretty sorry of him. He was willing and asked to give up his own children.
Your husband needs to fight for his rights to his daughter! Good Luck and hang in there - This is his daughter! Now is the time to fight for her to be in his life.

- Response by sassysue123, A Thinker, Female, 36-45, Managerial

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