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My ex-husband has not seen my kids since 2009. Our divorce…

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My ex-husband has not...

My ex-husband has not seen my kids since 2009. Our divorce was granted 2014 but there is not established custody. I have my kids with me. Child support is handled by the child support unit in NY and i have only received child support maybe twice a year since we divorce. He has not made any efforts to communicate or see my kids. He started that he is willing to give up his parental rights to avoid child support. What could i do?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

In in fl

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that summarizes everything

Submitted: 11 months ago.Category: Family Law
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Answered in 20 minutes by:
8/1/2017
Family Lawyer: Law Educator, Esq., Lawyer replied 11 months ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,785
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under the law, voluntarily surrendering your parental rights DOES NOT absolve anyone automatically of their obligation for child support and it does not erase any child support arrears.
If you want to enter into a written agreement with him to waive all arrears and future support in consideration of him giving up his parental rights you can do so. Then you would have to file the motion in court with the voluntary termination of parental rights and attach a copy of the agreement to waive support and arrears.
So you can go to the court where the support award was issued and file the motion to terminate parental rights and waive support and attach his agreement and then once the court approves the motion, you can then notify NY Child Support Enforcement with a copy of the court's order.
If you do not want to give up the support, then you do not have to do so and tell him he can give up his parental rights, but you are not waiving support and he will still have to pay.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
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Customer reply replied 11 months ago
Is there a specific form to fill out for the written agreement as well as him giving up his rights?
Family Lawyer: Law Educator, Esq., Lawyer replied 11 months ago
Thank you for your reply.
No, you have to write your own motion to terminate parental rights and waive support. It is not a court form, it is something written from scratch in addition to the voluntary termination of parental rights form. You really will need a local attorney to file this for you anyhow, since the court will want to be assured you know that you cannot come back later and try to get support and will want to make sure you had adequate legal representation in making that decision.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
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