QUESTION
The father of my son sent me texts saying he wanted to give up rights to our son, but now he wants to go back to court. What kind of lawyer do i need
Asked on Feb 05th, 2013 on Family Law - Indiana
More details to this question:
The father of my son sent me text messages saying he didn't want any sort of rights to our fun. we have went to court before so he could have rights. I don't have any objections to him seeing our son, I even agreed to every weekend visitation and we have joint custody, in a way that means he can take him to dr. appts and ect, but I have full physical custody. When he gets frustrated with me he automatically wants to take me to court, but yesterday he decided life would be easier without our son. can I actually take his rights away? I don't feel like my son is safe with someone who doesn't want him.
1 ANSWER
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Jeffery M. Haupt Attorney at Law
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There is a common misconception that people can just sign 'their rights away' to a child. I am not certain where this comes from, but under our modern legal system, parents have always had the responsibility to support their children. He may choose to not have any visits or invovlement with the child, but he cannot just unilaterally decide he is no longer going to support the child.
Indiana requires that someone (typically a steparent) step up to the plate to be ready to adopt the child in order for a natural parents responsibilities to be terminated. Any family law attorney will be able to help you with handling this matter.
Answered on Feb 09th, 2013 at 3:30 PM