You are here

Can dad give up rights / get CS dropped?

sonja's picture
Forums: 

Hey all.. posting this question to assist a friend of a friend.. this isnt concerning me or my DH.

John gets Mary pregnant during a fling while 'on a break' with his wife Jane.
Mary has the baby, John signs the birth certificate, and John pays CS through child services and additional is taken out for health insurance.

Supposedly Mary/Marys father told John that he was not going to be involved with the baby and to take a hike. Fast forward a few years, John still hasnt seen the kid, who supposedly has lots of health issues, and Mary tells John she would rather the kid be on state-funded insurance than his. (john signed something saying hed pay for insurance when he got a job, so it was taken out immed without him even picking a plan). Mary had the kid on the free insurance for a few years when John wasnt working.

Mary is suggesting they drop CS and the insurance so they get back on the state-free health care. Apparently the co-pays for the kids health care are high enough she thinks it would be better to drop the CS all together? Can they agree for him to drop CS and waive rights?

Was hoping to get opinions/feedback on this, we dont know anything about going through child services. Obviously he needs to call child services, but lord knows how long itll be before he gets an answer.

Orange County Ca's picture

If someone adopted the kid it would work but I doubt if the state is going to allow him to escape paying something towards his health care. But only a bureaucrat can tell you for sure (maybe) and the child's friend should go to the agency that provides the better health care and be right up front about it.

Saying "I need better health care for this kid - if the father give up parental rights will you guys enroll kid in health care and of so how do we go about doing this"?

Thank God us taxpayers can afford to support deadbeat parents like this. Or can we?

cant win for losin's picture

If Mary gets assistance from the state, the state will take support from John.
If Mary doesnt get assistance, then the support is between the agreement of John and Mary. (If they decide on one outside of court)
John cant just sign off on a kid especially if she receives assistance.
Mary can get married and new hubby can adopt johns kid. But even that usually has waiting periods.

doll faced sm's picture

Here's the big problem I see for John: signing away parental rights is not always synonymous with signing away parental responsibilities - especially if there is not another parent-to-be waiting in the wings.

Rags's picture

Why would John tolerate Mary and Mary's dad "telling" john he would not involved with the child? WFT? John should have told them to fuck of as soon as they tried that toxic bullshit. To me this is absolute proof that Mary is a worhtless POS that needs to be removed from that child's life.

IMHO it is highly unlikely that Mary will be able to end John's parental rights unless she has a new sugar daddy to step in and support the child. A CP does not get to end the NCPs obligation or rights because she can get more money from the taxpayer. If gene waives his rights he does not necessarily get out from under his CS and other responsibilities to the child.

If John were a man of character he would be protecting his child from Mary's entitlement minion mentality.

IMHO.

sonja's picture

I have mixed feelings on this.. apparently John (obviously these are all fake names) got back with Jane (who he already had a daughter with) after the fling with Mary.. so I guess he wasnt interested in being involved. Now he is divorced from Jane and sees the daughter EOWd.

I dont have any negative thoughts against him if he didnt want to be involved and Mary didnt want him to be either, thats their choice. I feel at this point its too late and ultimately not fair to his daughter if he all of a sudden decides to be dad to the boy he had with Mary.

He has had CS and insurance auto deducted out of checks any time he is working and has never made a fuss about it. Mary all of a sudden reached out to him to try to suggest they change something so she doesnt have to pay so many co-pays.

Rags's picture

This Judge is unfortunately pretty typical of the bottom 10%ers of the legal profession that seem to gravitate to family law.

IMO of course.

bigmombigheart's picture

Our case was just the opposite. BM was still taking SD to her doctor and using her state insurance. Judge ordered BM to use DH doctor since he was court ordered to provide medical insurance. BM actually told the judge "I dont mind using his doctor but his doctor doesn't except State insurance"....WTH Judge was very frustrated with her at this point he told her you shouldn't be using state insurance since DAD has his own insurance! People want to take advantage every chance they get