QUESTION
Can an agreement to drop support in exchange for giving up rights be made?
Asked on Feb 28th, 2013 on Child Custody - Ohio
More details to this question:
The father of my 22 m/o daughter has been in jail since 10/16/12. He has filed a motion to amend support because he is not able to pay. Mind you, he has only paid a handful of times since November 2011 and that is only because DCSE took his 2011 tax refund and I turned in his last known employer. He is now a convicted felon serving time on drug possession and distribution charges. Is it possible to work out an agreement where I forgive him of all child support (including the over $7,400 in arrears) in exchange for him giving up his parental rights?
5 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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He cant give up his rights without Someone else being responsible. He can give you sole physical and sole legal custody.
Answered on Mar 04th, 2013 at 1:28 PM
John Arthur Smitten
Yes
Answered on Mar 04th, 2013 at 1:28 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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A certain sense it would probably not be required for you to give up the arrearage in order to have his parental rights terminated.
Answered on Mar 01st, 2013 at 11:45 PM
I doubt a court would make children fatherless under the scenario you have laid out. Could the father agree to an adoption of his children? Yes, and if the children are adopted then parental rights are severed. But the father would still owe his back child support.
Answered on Mar 01st, 2013 at 11:43 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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In Ohio, the answer is no. Child support is not intertwined with visitation they are completely separate. Even if a trade could be made DJFS would have to agree, and as a policy they do not forgive arrears.
Answered on Mar 01st, 2013 at 11:42 PM