How do I sign over child custody rights to my ex on our daughter? 24 Answers as of October 28, 2011

How do I sign over rights to my ex on our daughter, and will I have to pay child support after that?

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
You cannot simply sign over your rights. You can choose to not exercise them, but they remain yours until a Judge takes them. Rights, come with duties - such as the duty to pay support. Rights and duties cannot be separated, loose one and you loose both, keep one and you keep both. A common misconception is that a father can simply sign over his rights. He can sign a "Voluntary Relinquishment of Paternal Rights" but this act and the mother's desire are not enough, there has to be a court case and order that it is in the child's best interest. Many men have signed these forms only to get tracked down by the state or the ex later wanting years of past due child support.
Answer Applies to: Texas
Replied: 10/12/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Assuming that there is a divorce or paternity case, to assign your custody rights to your ex, file a Stipulation and Order signed by both you and your ex which grants your ex sole legal and physical custody. Whether or not your child support obligation can be reduced or set at $0/month depends upon whether you and your ex agree to such a provision, and put in the Stipulation and Order terms which comply with the requirements of Family Code Section 4065, but you should be aware that child support can, at any subsequent time, be increased by way of Order to Show Cause to Guideline Child Support without a showing of a change of circumstances, and if you have 0 custodial timeshare, you will be at risk of a maximum child support order if such an OSC is subsequently filed.
Answer Applies to: California
Replied: 10/11/2011
The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
You can sign an agreed entry giving custody to your ex. If your ex wants custody, he/she should have the papers prepared. Unless you and your ex agree that you will not pay support, you are liable for support once your ex has custody.
Answer Applies to: Ohio
Replied: 10/10/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
You will have to pay child support unless the child will be adopted by a step-parent. You may sign a stipulation which grants sole legal and physical custody to your child's other parent, however you will still be financially responsible for the child.
Answer Applies to: California
Replied: 10/10/2011
Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
Have a lawyer draft the appropriate Consent Order to give sole custody to your ex. If she chooses to voluntarily forego, support from you, congratulations, but it is not guaranteed until you have your parental rights terminated.
Answer Applies to: Pennsylvania
Replied: 10/10/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    You could file a joint motion to modify custody, and give a reason for deviating from the Child Support Guidelines found in Alabama Rules of Judicial Administration, Rule 32. You will probably need a lawyer's help.
    Answer Applies to: Alabama
    Replied: 10/10/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You can't, and you must support the child.
    Answer Applies to: Georgia
    Replied: 10/28/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Until your parental rights are terminated, which isn't necessarily guaranteed, you are obligated to pay child support. Further, you would be obligated to pay any unpaid support even after your parental rights are terminated if you fail to pay per an order. I guess the first question you should be asking is why would you want to give up your rights to your child? If it is only to avoid a support obligation, then you are unlikley to have your request granted.
    Answer Applies to: California
    Replied: 10/28/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You can't. You will have to pay child support until she is emancipated or adopted by someone else.
    Answer Applies to: Colorado
    Replied: 10/10/2011
    Reza Athari & Associates, PLLC | Armand Fried
    You need to ask the Family Court to determine custody of your daughter, It would be best for your ex to petition for custody and you do not oppose or indicate that you agree. And yes, you will have to pay child support if your ex has full custody, with the legal minimum being $100 per month even if you have no income at all. If you want to do it informally (not recommended and assuming that there is no custody/support order in place now), you can just do a written agreement with your wife stating that she has custody and don't say anything about child support. But that may well create problems for you in the future, so I recommend you do it via the court as indicated above.
    Answer Applies to: Nevada
    Replied: 10/10/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    Sign it over to her new husband and you are off the hook for support.
    Answer Applies to: California
    Replied: 10/7/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    You can't sign over your rights to avoid child support unless there is an adoption.
    Answer Applies to: Washington
    Replied: 10/7/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You will have to pay support unless someone adopts your child and assumes your responsibilities
    Answer Applies to: Washington
    Replied: 10/7/2011
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Child support continues until the child is 21 regardless of any claim that one has signed over custody rights to a child.
    Answer Applies to: New York
    Replied: 10/7/2011
    Linda C. Garrett Law
    Linda C. Garrett Law | Linda Garrett
    A legal distinction needs to be made here-termination of parental rights versus termination of custody rights (legal and physical). In the former situation, you are no longer the legal parent of your child and absolutely have no legal rights to the child. For example, mother would be able to have her new husband adopt the child after your parental rights were terminated in the latter situation you are still the child's parents-you just don't have any rights regarding parenting or physical custody. In this situation, you DO pay child support and are able to set up visitation. Thus, the only way to avoid paying child support is to legally terminate your legal rights-which is a difficult thing to do because the court puts a child first! I recommend you speak to an attorney.
    Answer Applies to: California
    Replied: 10/7/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You should get a court order to change the earlier custody and parenting. Child support maybe a factor if you are going to be the lesser time share parent.
    Answer Applies to: California
    Replied: 10/7/2011
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    Once parental rights are terminated, you will be relieved of the responsibility of support payments. You need court involvement to do that.
    Answer Applies to: New Jersey
    Replied: 10/7/2011
    AyerHoffman, LLP
    AyerHoffman, LLP | Cara Lee Thompson
    If you and your ex were married and divorced, the custodial rights should be outlined in your judgment of divorce. In order to modify the custody order in the judgment you will need to file a complaint for modification to modify the custody arrangement, and please note that this filing could trigger an argument and/or finding that you will need to pay child support, given the fact that you are the noncustodial parent. If you and your ex were not married, and you have not already done so, you will want to file a complaint to establish paternity, requesting that your ex have sole physical custody of your daughter. If you want to share in the decision making on behalf of your daughter, you will request joint legal custody, and possibly visitation, if you want to be able to visit with your daughter. If you have already established paternity, then you will need to file a complaint for modification, seeking to modify the complaint to establish paternity by requesting that your ex have custody.
    Answer Applies to: Massachusetts
    Replied: 10/7/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If there is an agreement, it can be done by Stipulation drafted by counsel. You would likely be require to pay child suport based on state child support guidelines unless a valid reason for a deviation is presented.
    Answer Applies to: Minnesota
    Replied: 10/7/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    One of you must file a custody modification action. If you can reach an agreement on custody, parenting time schedule, and child support (yes, you will likely have to pay child support to the custodial parent), then you can both sign a consent order and the procedure can be done without a court hearing.
    Answer Applies to: Georgia
    Replied: 10/7/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    You can file a petition to establish sole custody for your ex. However, Child Support is still mandatory.
    Answer Applies to: Massachusetts
    Replied: 10/7/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    To terminate any support obligation your parental rights would have to be terminated in Probate Court; merely agreeing to grant your ex full custody of the child is not sufficient. Further the Probate Court may not grant a request for termination of rights; it would depend upon the circumstances.
    Answer Applies to: Connecticut
    Replied: 10/7/2011
    Law Offices of Laurie Peters
    Law Offices of Laurie Peters | Laurie Peters
    The answer is it depends: If your ex is on public assistance the courts are not going to simply allow you to stop supporting your child. This is not something that can be done unilaterally. If your ex is married and her spouse is willing to adopt you can terminate your rights through a step parent adoption. There are many things to consider but if your ex is not on board, it is not likely you can just sign your rights over.
    Answer Applies to: California
    Replied: 10/7/2011
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