QUESTION

What are my rights in a child custody case?

Asked on May 31st, 2011 on Child Custody - Arkansas
More details to this question:
I live in another state and I dont see my kid and was never married to his father. How can I sign over my rights and does he have to agree?
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7 ANSWERS

Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
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You can't sign your rights over to a child. If your child's father has someone else who will adopt in your place (a new spouse, for example) then your parental rights can be terminated, but you can't simply waive your obligation to your child.
Answered on Jun 03rd, 2011 at 9:25 AM

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Divorce laws are highly state specific. What goes in one state may not be acceptable in another. You may have a good case to recover the child. And if you "(S)ign away rights..." you may be obligated to pay child support. Please consult an attorney in your state as soon as possible.
Answered on Jun 02nd, 2011 at 12:34 PM

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You don't get out of your responsibilities to your child unless someone adopts the child. Good luck.
Answered on Jun 02nd, 2011 at 12:00 PM

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If he lives in IL he can simply file for custody of the child. Have him call the office and we will guide him through the process.
Answered on Jun 02nd, 2011 at 11:47 AM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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The father does not have to "agree" for you to "sign over your rights", but technically you cannot sign over your parental rights to anyone. You don't say why you wish to relinquish your rights and apparently you have left the child in his care or the care of someone else; so, unless you are hoping to avoid a financial obligation to pay child support, it doesn't appear necessary for you to do anything. Once somebody comes after you for child support, you can expect to be required to pay and that is the reason you are not allowed to voluntarily give your rights (and obligations) except where someone else wants to adopt the child and assume the financial duty of support. If you were never married to the father and there has never been a judicial determination of paternity, he technically has no specific rights either. If he is the one with actual care & physical custody now, sooner or later he is going to have difficulty that can be avoided.
Answered on Jun 02nd, 2011 at 11:29 AM

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Family Attorney serving Seattle, WA at Seattle Divorce Services
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Under Washington law (I'm assuming the father and child live in Washington), the court would have to determine what your rights are, such as by entering a parenting plan. If you don't want any rights, then the best thing is just to not have the court establish any. On the other hand, you may have responsibilities (such as support). To have the responsibilities terminated, someone else would probably have to adopt the child.
Answered on Jun 02nd, 2011 at 10:42 AM

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He has to agree. Most judges won't allow it unless there is someone to adopt and pick up your responsibility so not just another drain on state.
Answered on Jun 02nd, 2011 at 10:41 AM

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