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Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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How do i give up my parental rights if my sister has guard

Customer Question

How do i give up my parental rights if my sister has guardianship?
Submitted: 5 years ago.
Category: Family Law
Expert:  Dave Kennett replied 5 years ago.
-Could you explain your situation a little more?
If your sister has legal custody what rights do you want to give up?
Customer: replied 5 years ago.
In 2009, my son went to live with her in Texas, I live in California. My boyfriend and him do not get along. My sister's lawyer drew up papers that say Temporary Permanent Guardianship. I also send her child support, which she filed on my after we had agreed to do it without filing. (she claims that she wanted to file on my ex, and the district clerk advised her to file on me) I do cover my son on my insurance and also pay her directly for dr bills and braces. I tried to have him come back last year and he refused and now our relationship is horrible. He does not want anything to do w/me and my sister is very hard to get along with. I went to see him in May of this year and we are very disconnected. There is a bit more involved, but i do know that I will not be seeing him again anytime soon..i am debating doing this, i just want to know what my options are. My son's father and i do not speak either, and he is over $18,000 behind on child support to me. And i'm not sure how much he is on my sister.
Expert:  Dave Kennett replied 5 years ago.
Dear Customer - If this is about child support you cannot simply "give up" paying child support as this is a parental responsibility rather than a right. Unless your sister and the court agree to terminate the support you will have to continue to pay until your son is an adult. One thing you can do is file a motion for contempt against the father to try to collect what he owes you which could then be used to offset what you are paying your sister. Unless a child is adopted by another parent the bio parents will be responsible for the support while they are minors. Any verbal agreement you made with your sister is not enforceable in court so whatever she promised means nothing at this point.
Customer: replied 5 years ago.

Thank you. I am getting some child support from my ex, but it is back child support from 2005 to 2009 My sister said that i am to give her that money separate from the money i am paying her. In your above statement you said that any money that i get from him would "offset" what i give her. So if i owe her $200 a month and he pays me 100.00 a month. I can "include" the $100 in the $200.00 total that i give her each month. So $100 comes out of my pocket?

Expert:  Dave Kennett replied 5 years ago.
You do not owe your sister any money from the prior court order. Only the amount ordered in the current order since she obtained custody would be owed to her. Any support ordered to be paid to you in the previous order is yours to keep but obviously you can use it to pay the current support to your sister.