Legal Question in Family Law in Indiana

wife's exhusband wants to sign over rights of children

my wife's exhusband wants to sign over rights of his children so,he does not have to pay child support.We do not want him to do this,can he do this without our approval. He says he can but,I don't think he can or every dead beat dad america would do this.He is way behind on back support and is a dead beat dad. He recently got a dwi and is having finacial problems because of this.


Asked on 4/24/01, 8:27 pm

2 Answers from Attorneys

Dorene Philpot Philpot Law Office

Re: wife's exhusband wants to sign over rights of children

He WISHES he could do this.

If everyone AGREES to it, and there's someone standing by to adopt the child at the same time, then the court might approve it.

Otherwise, he's SOL.

Your instinct was right on: If his idea were possible, every deadbeat in the country would be doing it.

If he truly wants to relinquish his rights, he can. But he cannot get rid of his financial responsibility -- he has a child, and he has to help support that child.

Hope this helps answer your questions.

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Answered on 6/15/01, 7:08 am
Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: wife's exhusband wants to sign over rights of children

Where an adoption is pending, the natural parent of the child would have to relinquish his or her parent rights and duties for the adoption to be finalized. That is, for the adoptive parent to step into that persons shoes.

However, one cannot relinquish any parental rights or duties simply by signing a statement indicating so unless the above situation exists.

The State does not want childern illegitimized or subjected to finacial hardship because a parent no longer wishes to have any responsibility.

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Answered on 6/16/01, 12:49 pm


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