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legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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I am a mother of a 2 year old little boy whose father goes

Customer Question

I am a mother of a 2 year old little boy whose father goes three and four months without seeing his son. he pays 140 dollars a month in child support and is more of a hassle for me and my son. I was wanting to see how to go about letting him sign of his rights? he has mentioned before that he wanted to do so because he thinks paying child support is dumb. How can i do this?
Submitted: 7 years ago.
Category: Family Law
Expert:  legaleagle replied 7 years ago.
You need a family law attorney to draft an agreement to terminate his parental rights and convince a court that this is in the best interest of the child. If you are able to financially support your son on your own you may be able to convince the court to allow him out of his obligation.
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Customer: replied 7 years ago.
okay, so then the question becomes do i have a case? Will the courts see that I have an arguemtn considering the fact that he sees him once every three months and the child screams and throws a fit everytime he has to go. He has anothe daughter who is 6 that he has sole custody of and his live in girlfriend is pregnant. Therefore, he in turn has pushed my son away and it is not fair to him or me. Its been a month since he has seen him. when he goe sto see him i have to take him there and pick him up because they can not do so in a timely manner.
Expert:  legaleagle replied 7 years ago.
If he just wants out of paying support you do not have a case. But if you focus on the pychological harm to your son then you have a better case to have his rights terminated or just get his visitation revoked but he still has to pay support.
Customer: replied 7 years ago.
I am not worried about his child support. he doesnt pay much anyways and its not worth the hassle. Im worried about my son not having a father in his life. My boyfriend of one year is playing the daddy role for my son and its not fair. he should be stepping up and the thing is i have tried several times to do so and he just refuses to do it. And in turn, he continues to blame it on me even though he is the one who is doing the harm to our son. he and his family do nothing but bad mouth me and my family. Also, on court documentation we are to every other year claim my son. Now last year, he gave me permission to claim our son on my taxes because he was claiming his daughter. Because he gave me permission to claim him last year can i still continue on with the agreement *that is court documented* and claim him this year?
Expert:  legaleagle replied 7 years ago.

Then it would be better for you and your son to try to terminate his rights so your son is not having to go through this any longer and since he has a male role model the court will be more likely to grant the termination.

Yes you can claim your son this year since that is the court order. If he forgoes his right one year it does not change your right for the next year.

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