QUESTION
If I sign over my rights to the mother of my son can she refuse it, as in not let me sign over my parental right to her?
Asked on Feb 13th, 2013 on Child Custody - Michigan
9 ANSWERS
Before a voluntary termination of parental rights would be effective, a judge has to accept it.
Answered on Feb 18th, 2013 at 11:31 PM
Family Law Attorney serving Ridgeland, MS
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Thompson Law Firm, PLLC
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Of course. You should discuss this first with an attorney.
Answered on Feb 18th, 2013 at 11:11 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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It really doesn't make any difference whether the mother accepts or refuses your attempt because the law will not allow you to voluntarily relinquish your "rights" except in connection with an adoption by someone else. You can choose not to exercise your "rights" without anyone's consent, but there is nothing you can do to terminate your obligations, such as child support. Financial support is totally separate from the right to be involved in parenting.
Answered on Feb 18th, 2013 at 10:17 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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I do not understand why people in Ohio think they can sign a piece of paper and no longer be concerned with child visitation or support. The law doesn't work that way. You may be able to voluntarily eliminate visitation, but child support (which is obviously the issue here) can only be modified at an administrative hearing through CSEA, the Juvenile Court or the Domestic Relations Division of the Court of Common Pleas.
Answered on Feb 18th, 2013 at 9:03 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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First of all, you cannot just sign over your rights. You can giver her a power of attorney, but you are still the parent. If you want to give up rights, you might consider putting your son up for adoption.
Answered on Feb 18th, 2013 at 9:03 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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The court will not allow you to terminate your parental rights unless there is a step-parent to adopt the child.
Answered on Feb 18th, 2013 at 8:52 PM
John Arthur Smitten
You can't just sign over your rights it has to be approved by the court.
Answered on Feb 18th, 2013 at 8:43 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Your mother does not have to take on the responsibility if she does not want to. Your child your responsibility Why not ask the father. He has rights to his child.
Answered on Feb 18th, 2013 at 8:31 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You can accomplish the same thing by simply dropping out of the picture. Signing away your parental rights will NOT extinguish you duty to pay support in Michigan.
Answered on Feb 18th, 2013 at 8:28 PM