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A means to an end?

sosmomof6's picture

Well, no email from BM today (usually it is literally almost an every day back-and-forth battle between DH and BM) yet, so if she is ready to talk about this signing over of hubby's rights remains to be seen. I can't help but feel not only that this is just a game and she's not serious....I feel like she is trying to bait us and/or set something up.
The biggest thing that stands in the way right now is that there's a warrant on DH. They've both been threatening each other over the courts, saying they want to go back and get things "straightened out". So we're afraid that once DH goes to the court, even if she promises that it's just to sign over the rights and drop the case, we're still very afraid that they will still arrest DH. Or that she will want him to give up complete custody, but she will still want support and arrears to be paid, or the state will require us to.

I am not EVEN ready to get my hopes up about this...but for the sake of playing it out, say she really is serious and will go to court to get the rights signed over. What will happen? Does anyone have experience with this, or know someone who has signed over their rights and had a SF adopt the child? Some people have told us that once all the legal rights are signed over then paying the support money/arrears isn't an issue anymore....is that true? Or can she still have a way where she will still get money? If she's doing this just to get DH "off her back" over custody/legal/ and emotional issues, but still wants the money....we don't want to do that obviously. If she tries to pull anything, can we use the emails where she says to sign the rights over as any kind of proof?

I am just so confused over everything right now......DH and I do feel bad about SS, that we can't have a closer relationship with him and that him and his half-siblings (our kids, not his other half-siblings) don't spend much time together. But we're also weary of dealing with custody "attorneys" who don't help, BM constantly does whatever she wants custody-wise against the order, but DH gets in trouble with the law or in prison, and the constant fighting and crap she sends to us everyday~ it is not healthy for us or the kids. Even SS, though she'll never admit that. If support/warrants and so on cease to be an issue, then that means we can go back to some semblance of a regular life again. We won't have to worry about license suspensions and income tax intercepts and all of that *fun* stuff. If we need or want to get something for our children then we can get it again...his income won't be treated as candy from a pinata with BM trying to grab as much as she can out of it.

That's a related but different issue....it was brought up why she has done all this if she doesn't treat DH as his father. The reason it's obvious that it's about the money is that DH tried to work out an amount he would provide even before she filed with DRS. This was in 2002, right after she told us that the first guy she tested and had insisted WAS the father, wasn't. She said she "didn't know what to do". For most of the next year, she kept to herself and only communicated through emails. She didn't give us her new phone number or email at first, and moved. Even when we found out where she was later on, she wouldn't reply to anything or return messages. Then she told us in late 2003 that she was filing, but she said it was because she "couldn't trust" that DH would pay anything. How could he??? Were we just going to send money in the mail w/o knowing if she even got it?

So anyway, sure enough she filed. And my husband would send partial payments. DRS told him that if they could come to a mutual agreement, they would also accept that, and he tried talking to her about it. Even her 2nd husband has an arrangement like that with his ex for BM's SS. She said sure, start buying him stuff. So we did, a few times, and she signed the receipts. Then DRS told them that they just needed them to be notarized in order for them to count towards support. The next time she saw DH, when he went to pick up SS for visitation, she told him "I'm not going to the notary. NO. I don't have to do anything, just pay support as it's ordered". So there went over $100, because it didn't get taken off support or arrears. Now she also tells my husband to buy things for SS AND continue to pay same amount of support...and she gives us such grief when we say No, that's what support is supposed to be for. She says "why should what you buy count towards support"? Well isn't the *true* purpose of support to help take care of the child? So basically, she's just concerned with the money she can get. If her husband really wants to adopt him, and really cares about SS, it's not at all what we planned for but maybe it will be a good thing for all of us involved? We shall see how things turn out

Comments

Nise's picture

My god son’s mother had his paternal rights relinquished. Long story but basically he was a BUTT and he only “claimed” their oldest son b/c he was the only one that “looked like him” but he didn’t claim (or give a crap about) their youngest son whose birth certificate he wouldn’t sign…so when the boys got in school and they had last names, they started to question, why is bubby’s name X and mine is Z…plus he hadn’t seen or tried to contact them in almost three years so she said SCREW THIS and got an attorney and they had to run an ad in 3-5 local papers for X period of time to tell him that she was changing son’s name…he saw the and made contact and at that time she had her attorney inform him that she wanted him to sign his rights over…he did it and now he has no legal rights to or responsibility for either of my god sons…now the thing that may be different is that is the way she wanted it…she didn’t want him to keep yanking himself in and out of the boys lives so she was fine with saying, I don’t want a dime from you, we’ll do this on our own…but if the biomom in your case is a money hungry B!%@# then it does sound dangerous to just go down to the court b/c it is very likely that they will arrest him if he has a warrant…can you guys find a cheap attorney just to help negotiate the paperwork and things…it should be too many billable hours and if you can find one that doesn’t require a retainer (hard to do, I know!) but will let you pay by the hour, it may be best….

Make a GREAT Day!

sosmomof6's picture

The pro bono agency we use deals with custody, so maybe they will let an attorney go down with my husband in case they do try to arrest him? I don't know if this is the way she really wants this, but there are two emails now where her and 2nd husband say "just sign your rights over", so does that mean anything? Will it matter to a judge if we say "She says right here to do it and that's what she wants" and that if she just said it as a "lure" then that shows she is not thinking about SS? We filed a complaint about contempt of custody before, my husband couldn't attend the hearing at the time. So is it possible that if they were there and my husband was supposed to be arrested that we could have some kind of grounds for contesting since she is not following custody? I am in a lot of turmoil right now

Anne 8102's picture

My ex left when I was pregnant and I never saw him again. We only communicated through lawyers whenever his lawyer could find him. He didn't have a thing to do with me during the pregnancy, was not there for the birth and refused to have anything to do with the child. I basically told him through the lawyers that if he would waive his parental rights, then I would waive child support and I agreed to drop all the arrears he owed me.

He agreed to it and signed the documents in his lawyer's office. I signed in my lawyer's office. By the time we went to court, the documents had already been signed and it was just a matter of going before the judge to have it "ordered" and made part of the official court record. Neither one of us had to actually appear in court, just our attorneys.

You can have the official document include any possible scenarios that you'd like. I made sure he agreed to adoption by a future stepparent. It also says he can have no contact with the child, not even through a third party, and is not entitled to make any decisions regarding the child or to have access to any school or medical records. If he did try to make contact and reestablish a relationship with the child, then he would be responsible for paying CS, but that has never happened. Now it can't happen, because my new husband adopted my son and the child is no longer my ex-husband's child.

What I would do is get the lawyers to come up with a mutually satisfying agreement and then have the agreement signed by each and notarized in the attorneys' office PRIOR TO going to court, because then it just becomes a matter of filing the paperwork. Just make sure that she drops her claim for EVERYTHING so that he doesn't have to pay any arrears and the warrant can become a non-issue. Once this is done, she cannot go back and get money from him for CS or arrears. It's like giving your child up for adoption, the child is no longer legally his responsibility. Just be VERY certain that this is the best decision for everyone, because once it is done, it can't be undone.

~ Anne ~