visitation continued...

kayleee

I posted a few days ago and I'm back to ask another question.

Out of no where BM called my DH and told him that she doesn't want to see their son anymore and she wants to sign over her parental rights. About an hour later, my DH got a call from his caseworker for child support enforcement through the DA. she explained to my DH that she talked to BM and told her how much they would start withholding from her paychecks.

So now my DH knows why BM wants nothing to do with their son, it's because she doesn't want to pay child support. She's always thought that she shouldn't have to because she doesn't see him very often. She's never paid. She's over $10,000 behind and it's just now starting to get taken out of her paycheck.

DH and I aren't really sure what to do about this. My DH is not gonna let her off the hook just because she doesn't want to pay. But she still says that she doesn't want to be a part of their sons life. So, my question is, what if she disappears for a year or two and then all the sudden shows up and says she wants to see their son and it's her time. Can he stop her? because she hasn't been around all that time? Or would he have to let her take him because it's her allowed time according to their divorce papers. Is there anything he should do or can do to prevent this from happening?

I would really appreciate any advice! Thanks!

knmommy

wow, I always wonder what kind of mother can just sign over their DS.  Does she see him much now?  If she signs over her parental rights, I believe that is it.  I don't believe she'll just be able to pop up in his life in a couple of years.  I feel bad for your SS.   (because of her)  I would contact your lawyer and discuss this with them.  GL

RedHeadedLeo85

I believe she will still be responsible for the arrears owed if she decides that she wants to sign over rights. Something the check into definitely. I know here in NH, if NCP signs over rights, they still need to pay back the arrears.

Good Luck!! 

DREWLILY

The laws are different state to state, so you need to look into what your state has, maybe check with a lawer as well. Most states won't let you get out of financial responsibility just by signing over your rights. My guess is BM would still at least owe the back payments, but I don't know about future payments. DH shouldn't fight her, if she wants to sign away her rights, let her, that kind of parent doesn't need to be in and out of a kid's life. Once she signs away her rights, DH doesn't have to let her see the kids after that, even if she comes back and says she changed her mind. But if she doesn't sign away her rights and she just disappears for a while and then comes back, DH can file for child abandonment and her rights can be terminated that way, but she has to be gone for like 6 months or more.