giving up rights

[nabz33]

Thanks for the help! I do have another question though.I read on one of theses sites that if my ex were to go before the judge to teminate his rights,and could convince the judge that it would be in my sons best interest for him not to be in my sons life,then the judge could terminate his rights on the spot, is that true? My ex does have a drug problem and was recently in jail for domestic violence,obstucting an officer,fleeing,possesion,assault and battery and phone harassment to name a few.Would it make a difference if he told the judge himself that he has problems {namely with drugs} and wants to voluntarily give up his rights?Again thanks!

 

[Duranie]

Probably not. Most courts will not terminate rights unless there is an adoption.

If your ex doesnt want to be a dad, he doesnt have too, but that is really not his choice. It would not make alot of sense right now to terminate his rights, and leave the child without a legal father.

 

[Tarahack05]

Importana Question

My husband has a child from a previous marriage that he never sees because the mother does not allow him to. He has had many problems with his ex-wife lying and getting him put in jail. He wants to see his child but is afraid that she will have him locked up for the rest of his life on some bogus charge. I don't see why he should have to pay child support for a child he never even gets to see. Is it possible for him to sign away his rights and not have to pay child support anymore?

 

[Duranie]

No, your husband needs to take her to court if she is not allowing him to see the child. If he sits back and does nothing about her contempt, that is his fault. Support and visitation are 2 different matters.

I would stop listening to her threats. He needs to document everything, and see an attorney or file contempt on his own. Most courts have either a family court facilitator or a self help/law library.

 

[kygirl]

What can I do to get my education

I am 16 will be 17 in September. I have lived with my mother all my life. Last year I moved in with my father. No problems with mom just wanted to spend time with my father and my step brother. My father trucks and is gone all the time so I was left with my step mother and her kids. I was treated like a step child not part of the family. My fathers sister helped me out as far as school and seeing I got personal things I needed (clothes, lunch money, to required school outings etc.) My father had no problems with his sister until this summer after visitation with my mom I asked if I could live with my aunt to finish school. Since I moved to Kentucky I have done well in school and made many friends. My mother is fine with it and she still has custody with my dad having visitation. I am 2 years behind in school and the school I attend now has an alternative program where I can make up these 2 years and still graduate on time so, I really want to stay with this school. In talking with the principal and guidance counselor they have agreed that my grades had improved enough for me to qualifly for this program. My aunt is a registered nurse and manages a clinic. She is willing to help me with this program and get me graduated so I can start college next fall. My father is unwilling to let me stay with her. He only lives 2 miles from her and i dont want to cut ties off with him completely but, when i asked him he freaked out and told me to go back to GA and live with my mother. Is there anything I can do?????

 

[calalily]

To KYgirl

You posted on someone else's thread. Start your own thread with your questions.

 

[Duranie]

Your aunt really needs to file for temp. custody. If you are behind in school and she can prove you have improved here, there is a shot she might be able to take custody. She needs to see an attorney.

You under 18 means somebody must have custody of you and make the legal decisions for you.

 

[kygirl]

Can she legally file for temp custody if my dad refuses to give up custody?????

 

[calalily]

Who has legal custody: your dad or mom or is it joint custody? Maybe there is a children's advocate group in your area that may help you. Contact legal aid there and see if they can give you any information or help you. You might have to get your own lawyer to contest custody and get your Aunt as your gaurdian.

 

[kygirl]

My mom has custody. My dad has visitation when ever he's in GA and 6 weeks in the summer. Time is running out for me to start school in KY. And i dont know what i can do. I love my school and friends I have made there and wanna return there to finish my education but, living with my dad and his wife is not an option.

 

[calalily]

If your mom has custody then it would seem she would be allowed to allow you to live with her sister/ your aunt. Can your mom contact a lawyer to ask? Maybe she can get a limited power of attoney for your aunt to use, to enroll you in school. So she's not giving up her custody she is allowing your aunt to a legal right to enroll you in that school and provide housing, ect... I don't know if that is possible but your mom needs to contact a lawyer about it. That will be the only way you will know definatively what you can or cannot do legally. Did you try to contact legal aide on your own behalf? You can still try that too. As long as your dad still has his visitation rights and nothing interfers with his rights you should be okay. But you need to go through legal channels.