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GeorgetownLawyr
GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12049
Experience:  Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti
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I want to file for sole custody with no financial backing from the other party and the 

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I want to file for sole custody with no financial backing from the other party and the only way I will drop my OSC is if she agrees to do the same.

We are not civil with each other and it if affects my daughter on a weekly basis. We need to sever ties for the best interst of the child. There was an incident where she contacted CPS and this isolated incident turned into a Holocaust and now I am battle worn to the point of despair. I have not seen my daughter in 5 months, not for lack of trying, but I can't do this anymore. I need to let her go without having to pay child support.
Hello, My name is XXXXX XXXXX I'll be helping you resolve your matter.

Please remember there may be a delay as I may be helping other customers.

We on this site cannot file anything for you. all we can do is answer questions and/or give guidance for a small portion of the deposit you made. if that is ok and you have questions and/or need guidance then I am happy to help. let me know.
Customer: replied 6 years ago.
I just need someone to give me the right tools like case studies or reference points ,anything of that nature, so I can file my moving paperwork. Basically, I need to relinquish parental rights without having to pay child support.
that's a tall order...has your ex remarried? if so, does the new husband want to adopt the child? I will also look at the statutes for you as well... but answer these questions in the interim.
Customer: replied 6 years ago.
It is actually my husband's ex girlfriend and Yes, she is married and has 2 children of her own. I am sure that her husband would want to adopt said child as she already has him listed as the Father on numerous extra curricular actives. The only problem, is that she is a money grubbing POS and we know that she won't want to relinquish the monthly "free" money. She got about 50 grand last year in CS and even quit her job a few years back since she is, basically, receiving the same amount as she would at a "real" job.
Ah, I see. so here is the situation. In the state of CA, as in every other state a parent cannot simply relinquish their parental rights and get out of supporting the child unless it is incident to an adoption by another man/stepparent. The CA law is very firm on this point as in all states. Think of the logic of that. If a parent could just give up rights and walk away and not pay support, then the state would get stuck supporting a bunch of kids and of course the state will not do that. I'm sorry you are having such a hard time with this woman but the most he can do is not exercise visitation and avoid dealing with her in that regard, of course and not seeing the child as he is prepared to do anyway rather than subject the child to the madness of the turmoil the mother creates, which I totally understand. But my dear unfortunately he cannot just walk away and not pay support. The mother has to agree and it has to be where the step dad is adopting the child. What the judge was saying is that you could file for sole custody and waive child support as the custodial parent but not that the other parent could give up rights and not pay support. If your friend wants to give you any case, statute or legal precedence for that decision I am willing to review it for you but from what I have read you can only terminate parental rights incident to a step parent adoption or the state terminating your rights for abuse or endangerment of the child...something like that when the state takes the child out of the home. Sorry it's not what you want to hear but there is a public policy rationale for this in making sure children born into the world are supported, even when the mother's are irrational and impossible to deal with. :(

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