Legal Question in Family Law in New York
Signing over Parental Rights
My ex-husband and I got married and divorced in New York. We had 2 children together and he is refusing to see them because I won't help him lower the child support. I know I can't make him see the children but he said that he would sign over his parental rights if I gave him the forms to sign. Is he trying to trick me by signing over parental rights and will this automatically mean he does not have to pay child support any longer?
2 Answers from Attorneys
Re: Signing over Parental Rights
Unless your children are being adopted by another, pursuant a Court Order, your children's father CANNOT "sign over" or "relinquish" his parental rights and duties.
Good luck,
Re: Signing over Parental Rights
He may be trying to trick you, but as Ms. McAlister explains, it doesn't work that way. If he continues to refuse seeing the children, and you feel the need to legally end or restrict his involvment, you might consider petitioning to vacate or modify the visitation order. Probably a tough case to make, but if ssuccessful, he would still be obligated to support the children. Feel free to call my office to discuss this further.
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