No matter what she says, he has a right to see the kids if he wishes. If the divorce agreement grants him visitation, and she denies visitation, she's in contempt.
If he doesn't want to see the kids any more, then he should sign over his rights. He'll probably regret it someday, but he could do it, being married or not. It's common that court proceedings happen with people in different states, she could attend court by phone. You could just file yourself at the family court to save the lawyer's fee.
At some point down the road, he can have the child support modified. Wait until she gets married, as she would have more income at that point. Estimate the calculation yourself, if it's in your favor go back to court: http://www.alllaw.com/calculators/childsupport/illinois/
Submitted 319 days ago...
Signing over parental rights
My boyfriend's ex moved her and their two children (boys ages 7 and 4) from ohio where he lives back to illinois where she lives with her parents. their divorced was took place in ohio and was finalized in Oct. 2006. his child support is extremely high leaving him with a take home pay of about $350 every two weeks when his paychecks before child support average $700. she harrasses him daily to sign over his parental rights to her and her boyfriend of a little less than a year. she consistently tell him that he's wasting his time and money b/c she will never let him see the children. my question is...if he decides that he would like to sign over his rights, what are the guidelines under which this can happen. i have heard things like he can't sign over right unless she is married, also that she has to return to the state in which the divorce was granted in order for anything to happen. we are just trying to get some information on this subject before we go to a lawyer and pay thousands of dollars, we want to make sure this is even a step we should take. from the information i've provided, do you think their is another road that we could take? thank you for your time and any help that you can offer will be greatly appreciated.
Answer 1 / 3
Submitted 316 days ago...
Answer 2 / 3
Submitted 142 days ago...
He needs to file a motion with the court to modifly the orignal child support order asking the court to lower the payments. He would need to file in tne state where the orignal order was set. If she is not allowing him his visitations then he can also file a motion to let the judge know that she is not allowing you to see kids. I would have the father think long and hard on signing off his rights. Once done it cannot be reversed,and he would be sending a message to his children stating he does not care for them,and i am sure this not true. He can sign over his rights but I would not do it just because the mother is making a fuss. These are your children,take her to court and I would also ask for joint custody so that you have more say in the matter of your children.
Answer 3 / 3
Submitted 117 days ago...
The first thing is if she moved to another jurisdiction without a hearing then she can be ordered to return to your jurisdiction for a hearing to decide what the best interests of the children are.
The next thing is That termination of parental rights can be voluntary, based on the best interests of the children, and then he would no longer be obligated to pay support if the judge orders that. However the judge must say that support is no longer ordered. Then the children could be legally adopted by anyone. This is usually done by executing either a surrender or a consent for adoption.
If you believe this matter would take place in Illinois where I live, and the mother, then I suggest you read the Illinois Adoption Act wich does provide a form for certificate of acknowledgement , that would be used along with a surrender or a consent for adoption. A surrender or consent is irrevocable. You can not take it back, so I would really think about the best interests of the children and do what is right. However you can ask that your name be placed on the adoption registery so if the children want to find you later, they can. A judge will generally ask this question when you go before him to sign the surrender or consent. The termination of rights does not only apply to the father, but to his whole family, they will no longer have any rights unless the court deems it to be in the best interests of the children, and the only way the father could have any visitation is if the mother allows, he would not have any rights whatsoever regarding those children.
I hope this information helps good luck!
Answer This Question Now
If your Answer is chosen as the “accepted” answer, you will earn ongoing royalties on
this thread.
Simply type your Answer in the box below and post your answer.
So I found this real estate management company that said they took houses on the market that the owners were trying to sell. Then they found investors to use their name and good credit to take out the mortgage...
This goes back a couple of years. They say I am like over $3,000 behind. I have sent to them a fax and mailed to them the statement from Western Union showing that I in fact had sent over $4500. They asked my...
This Question has not been awarded yet.
