Few questions about court, child support, and signing away parental rights!?

R

rose253099

New member
Well, first of all, signing over parental rights does not relieve anyone of any child support they owe or must pay. And many states do require some of the child support owed to go back to the state for any state assistance that it has paid. That's pretty normal as well.

What you can expect is that they will conduct things in a business manner when it comes to the child support money. If you are even allowed into the court room because they may not allow you. The judge may ask you why you do not want to continue visitation. Just be honest or if you don't want to speak about it in front of your father than they may let you speak to the judge alone or to a family mediator. Good luck.
 
First things first. Unless the court tells you that you can stop visitation, you MUST go visit your father. If you do not, your mother can get into trouble and possibly even lose custody of you to him if he claims "parental alienation". No matter how much of a jerk your dad has been, you do not have the right to break the law and if the court has given him visitation, then you can't go against that. If the conditions are bad, your mother should have gone to court to have the visitation reduced, canceled, or made "supervised" only. As it is, you have defied his parental authority and you may find that the court orders you to resume your visits.

As for child support, neither you nor your mother can waive the child support because you are on government benefits and the government will want to be reimbursed for the money it has spent on you. And to be honest, your mother has no right to demand government benefits for you, which will be paid for by the public, when you have a perfectly good biological father who should be paying for you! And even if your father is permitted to sign away his parental rights, he is still on the hook for child support. Whether or not you like it, you have the right to be supported by your father and the court will make him do it, and you can't stop it (nor can your mother).

As for court, it is a bad idea for you to go. Let your mother and her lawyer handle this. You certainly won't be allowed to tell him that it is ok if he abandons you as the court won't permit you to say it or for him to do it. It would set a dangerous precedent.

To sum up. You can't stop the child support, nor can your mother. Your father will be made to pay child support whether or not he likes it, with interest. You can't terminate your father's rights and it is extremely doubtful that the court will do so either. Don't go to court. And yes, you are right, the child support will go to the government to cover their costs in supporting you. Good luck!
 
Okay, just a brief on the situation. I'm the child in this huge situation. I lived with my mother until I was seven, than moved in with my father. When I was twelve I moved out of my father's back to my mother's because my father is a mental and emotional abuser. My mother and he had an agreement that he'd pay $300 for child support every other week. I stopped wanting to visit him(he still had visitation rights) and his whole policy is, "If I can't see my child, my child doesn't get the money to support her." So it's been three years since this happened. It's gone to court because he's being an ass towards us. I've NEVER been to court and I'm going with. I wasn't told to come with but I want to so I can tell him that if he doesn't want to support a child he helped bring into the world, he can sign his rights to me away. Seems logical, right? My mom and I are on government help and from what I understand, the child support that my dad will be forced to give will go to the government as a sort of payment for the government giving us money to support ourselves. Is this correct or did I misunderstand? Also, what should I expect in court?
 
Well, first of all, signing over parental rights does not relieve anyone of any child support they owe or must pay. And many states do require some of the child support owed to go back to the state for any state assistance that it has paid. That's pretty normal as well.

What you can expect is that they will conduct things in a business manner when it comes to the child support money. If you are even allowed into the court room because they may not allow you. The judge may ask you why you do not want to continue visitation. Just be honest or if you don't want to speak about it in front of your father than they may let you speak to the judge alone or to a family mediator. Good luck.
 
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