View Full Version : Disownign a child?
Does anyone know if you can legally disown your child? Why Im asking is my sons dad has cracked it that Ive gone to CSA to get his wage garnised and has now told me he doesnt want anything to do with my son and I and to never contact him again. Im sure he is just over reacting but was wondering if legally he could hand over custody to me. Some days I think it would be easier if it was just us two though. Im not sure whether to contact him and tell him if it was possible then he can just hand over all of his rights. He only manages 2 or 3 hrs a week anyway.
HunterzMummy
14-09-2007, 13:41
Yes he can sign a document that legally signs away his rights to ur precious bub only if thats what u really want though :hugs::hugs:
yip he sure can if he wants to
there is a bit of paperwork, but it can be done
poshBecks
14-09-2007, 13:47
I wonder how your son would feel when he is older knowing that his Dad officially disowned him?
HunterzMummy
14-09-2007, 13:51
I wonder how your son would feel when he is older knowing that his Dad officially disowned him?
yeah very true.. its a very tough situation so im just gonna give u these :hugs::hugs:
I can't believe you'd be allowed to. I could understand that you can sign away custody rights if you wanted to, but surely, they would always ensure that the child was provided for with child support.
I'd be more than a little saddened if getting out of child support was as easy as that.:( (unless, of course, both parents wanted it that way)
Cheers
HunterzMummy
14-09-2007, 13:57
I can't believe you'd be allowed to. I could understand that you can sign away custody rights if you wanted to, but surely, they would always ensure that the child was provided for with child support.
I'd be more than a little saddened if getting out of child support was as easy as that.:(
Cheers
i dont think it signs away having to give $$$ just custodial rights/contact etc.
The thing that saddens me the most is the fact that my sons father cares so little about his own son. Why would you be upset about being made to financially help provide for your own son, he should want to do it? To him being a father is nothing more than kicking a footy to him for an hour or so a week.
Im not contacting him so Ive got no idea where my son sits at the moment. If it was to come to him disowning him Id want him to do it now while my little man is only 2. Either way my sons the one that is going to miss out in the end.
LotusMum
14-09-2007, 15:49
signing over custody does not mean that he gets out of paying child support. If that was the case, it would go on waaaay more than it does now.
I just need to correct you on one point, your son is NOT the one who will miss out, his father is. By the sounds of it, you and your son would be better off without him, he sounds damaging.
A child that is being raised by a loving parent is never one that misses out, it is the person who refuses to have any imput in that child's life that misses out on so much, the parent misses out on all the important and not so important things that happen in a childs' life. Just think of all the things that that silly man is going to miss while you and your son get to share so many special memories together.
our little treasures
14-09-2007, 16:00
I wonder how your son would feel when he is older knowing that his Dad officially disowned him?
Yeah I wonder that as well. Also as your childs mum I think that wanting dad out of your lives is also going to damage your child when older.
I suppose to me it wouldn't matter if dad could give millions, I would rather quality time to be spent with the child
SimplyMum
14-09-2007, 16:01
signing over custody does not mean that he gets out of paying child support. If that was the case, it would go on waaaay more than it does now.
I just need to correct you on one point, your son is NOT the one who will miss out, his father is. By the sounds of it, you and your son would be better off without him, he sounds damaging.
A child that is being raised by a loving parent is never one that misses out, it is the person who refuses to have any imput in that child's life that misses out on so much, the parent misses out on all the important and not so important things that happen in a childs' life. Just think of all the things that that silly man is going to miss while you and your son get to share so many special memories together.
Well said.
I would have thought that it wouldn't mean getting out of paying CS, so why do it?
If you don't want to see your child - just don't do it and have the child resent you and have no say in their upbringing - seems no sense in legally signing over your rights - what would it really achieve?
If what I read is true I would definatley do it because my ex is the kind of person who would try to take custody in the future just to spite me.. At the moment he is saying he wants nothing to do with him so I would ask him to sign one of these forms so that what he is saying can be made official instead of one day tryin to take him when we have an argument...
I guess it all depends on the father:yes:
yep apparently there is a form that can be signed to sign off all parental rights and obligations. I know someone whos ex has done this... thinking he would get out of CS
(as well as he wanted nothing to do with his DD)... but he is still paying!!;)
I feel for the kids... I really do.:(
Anyone know where I get one of these forms? Would it be through legal aid?
I would assume so as it is a legal document... if they don't have them they would be able to tell you where to get one!!! :yes:
Elle - the important thing to know is that although it seems a lot of ex's threaten to take custody in the early days of a split, it is only in very rare cases that they can.
According to all the custody legislation these days - parents automatically can have 50/50 access, unless there are court orders in place. The age your child is, no court would allow your child out of your sight for very long.
For your ex to actually get full custody he'd have to prove you unfit to be a mother, it's not as easy as they think.
To prove the other parent unfit, there has to be some serious issues going on.
SweetAngels
15-09-2007, 07:41
I guess this would be handy if you had a new DH who was absolutely willing to take over rights and bio dad was absolutely willing to give them up. I too feel sad for the children, its not a nice conversation to have with a child no matter what age you decide to tell them. I think if its just the money side of it he is trying to get out of then don't bother bc he will still have to pay and like I said, its not something you want to tell yor DS when he's older (that dad didn't want him blah blah blah) but if there are other issues such as your DS not being safe when he is in his care etc, then maybe you should consider it while he is willing cause he may change his mind later and stay in your lives just to cause chaos (i know some1 with an ex like this, not nice).
Write a pro con list keeping DS's best interst at heart (natrual for us mums) and decide what will be best in the long run. Good Luck, and i'm so sorry your dealing with some1 like him :hugs:
Mum2Lucas
15-09-2007, 10:09
my dad signed over all rights to my sister when she was about 7 or 8 i think. maybe even 9. it's more than possible to do it. but dad still had to pay child support for my sister and still pays the 21 a month until she turns 18.
Elle - the important thing to know is that although it seems a lot of ex's threaten to take custody in the early days of a split, it is only in very rare cases that they can.
According to all the custody legislation these days - parents automatically can have 50/50 access, unless there are court orders in place. The age your child is, no court would allow your child out of your sight for very long.
For your ex to actually get full custody he'd have to prove you unfit to be a mother, it's not as easy as they think.
To prove the other parent unfit, there has to be some serious issues going on.
He is not the one to try to get custody through the system he would take him and my son would be on a plane to turkey before I could say a thing. If he has no rights then I would be able to bring police into it.. is that right?
Also my son is not safe in his care.
He is not the one to try to get custody through the system he would take him and my son would be on a plane to turkey before I could say a thing. If he has no rights then I would be able to bring police into it.. is that right?
Also my son is not safe in his care.
The best I can suggest for you Elle is for you to get straight down to legal aid and get some parenting orders registered. This way he cannot take your baby out of the country.
If your son is not safe in his care - again - you need the parenting orders to ensure he doesn't go to his dad's - or at least has supervised contact.
The fact is that as long as you don't have parenting orders, then he does have rights. However, as far as I know (anyone else can correct me if I'm wrong), with no parenting orders, he has rights to see his son 50% of the time - might be different given the age of your son.
You need to get some orders stating that he can't sign for a passport and that only you can - so that he can't take your son out of the country. (and fast if I've read right what you're saying).
Yes I agree with everything Pegasus has said.... I know from experiance that unless there is a parenting order in place then the father can take the child whenever they wish and "take off with them" and there is nothing the law can do about it as they are legally entitled to whatever time they want with their kids....
I agree... get in contact with legal aid and the courts and get an order into place as then they can only abide my the conditions on the order!! :thumbsup:
mummyrissa
18-09-2007, 15:21
u can go to i think its relationships Australia??? or something like that and they do parenting plans for you. u can do this instead of going to court and having to pay legal fees etc. although its not a legal document if you ever need to go to court or something ever happens because you have both signed it it can be used as evidence on what you have both agreed on.
Lil Mamma
20-09-2007, 13:33
If it makes you feel any better, my father disowned my brother and I because my mother remarried, he threatened if she got married that he would have nothing to do with us - we turned out ok! We figured out for ourselves what a dirtbag he was and it was his loss if he wanted nothing to do with us. This happened when I was about 2 but we continued to see him until mum married (I was about 10) and I can honestly say it hasnt affected me much at all. We didnt witness arguing or anything but when mum broke the news that dad didnt want to see us anymore, it hurt of course but we moved on and Im sure your little man will too :hugs: It is not nice when kids get dragged into the middle
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