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"I'm going to deny your motion."

livizzle's picture

Submitted by livizzle on Mon, 06/24/2013 - 5:26pm

DH's motion to have his visitation reverted to what it was pre-RO was denied. It was JAW-DROPPING!

BM threw lie after lie out in the courtroom. "SD and SS are scared of their dad." "SM locked them in a room and beat them." It was an absolute circus. Our lawyer did his best to prove that it the RO was because DH was with ME, but in the end, the judge ruled that it was a civil matter and if DH wanted to debate the visitation, he needed to take it to THAT court (which would end up getting tried in front of the same judge). @@ The lawyer pretty much acted like there was no hope in that court either.

DH is seriously considering signing his rights over. He doesn't want to pay CS for children that he isn't able to see and that will be completely turned against him in nine more months.

I just don't know at this point.

Comments

myspoonistoobig's picture

Submitted by myspoonistoobig on Mon, 06/24/2013 - 5:32pm

Holy crap! What a nightmare!

It sounds like if you are considering pursuing it further though, you need a new lawyer. If your lawyer isn't confident you'd be throwing money away.

And as much as it sucks, I can understand why your DH would be considering signing his rights over. I guess at the end of the day he's got to ask himself "if this is what is best for my kids?"

Hopefully the answer is yes. Sad

soon2bmomo3's picture

Submitted by soon2bmomo3 on Mon, 06/24/2013 - 6:10pm

I am going to ask a question and I don't mean to sound stupid but I thought you couldn't sign your rights away unless someone else was willing to adopt the child. Is that not right or does it very state to state?

mommabear's picture

Submitted by mommabear on Tue, 06/25/2013 - 11:32am

I'm in CA and 7 years ago my ex signed over his rights to DS5(at the time).. I was a single mom.. no one was going to adopt DS.. ex was "sick of giving ME all his f*cking money.." (all $200/month.. idiot!) And that was it.. to my knowledge, there was no rule like that in place (someone else in line to adopt the child).. but I don't know.. things very well could have changed since then!?!?!?!

3LittleDragonflies's picture

Submitted by 3LittleDragonflies on Mon, 06/24/2013 - 7:31pm

Unless there is another party willing to adopt the children, you DH will NOT be released from his child support obligation by signing over his rights. One of the biggest lies told is that a father can sign over his rights and won't have to pay support anymore.

theoutsider's picture

Submitted by theoutsider on Mon, 06/24/2013 - 8:21pm

I don't know about current laws, or if this is state specific,... BUT

My friend (20 years ago)was young dumb and full of cum, he got a girl pregnant at 17, she was also 17.
He signed a piece of paper saying he gave up all claims to the child and in return he has NEVER paid a dime of child support. The 17 year old girl did not have a husband to adopt the child. And the 17 year old girl kept the child herself and raised it.

(He knows this because his children from his current marriage attend the same school and he has physically SEEN the child grown up, with her mother)

Stepbell's picture

Submitted by Stepbell on Mon, 06/24/2013 - 8:32pm

Our state is if a parent voluntarily signs away rights to a minor, they are no longer tied to the child any longer. No child support either. But they are not allowed to have contact with the child until age 19 or older and only with the consent of the child after that point.