Legal Question in Family Law in Missouri

Father wants to give up rights to child.

I have full physical and legal custody of my 3 year old daughter. My ex called and said he wanted to give up all rights to his daughter. He is $4,000 behind in child support, and he heard somewhere that if he gives up his rights he won't have to pay child support anymore. He doesn't use his visitation rightsWhat will giving up his rights include? What is the process for this? Will I have to get a lawyer for this? Will he really not have to pay child support anymore? Thank you in advance for any help you can give me.

Asked on 6/30/05, 9:01 am

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Father wants to give up rights to child.

I do not believe that you have anything to worry about, exept perhaps collecting that past due child support. As the father of your child or children your ex has a DUTY to support them. This is not his RIGHT, but his DUTY. Sometimes when a mother remarries and the new husband wants to adopt her children from a previous marriage, the biological father can consent to the adoption, give up any rights he might have regarding the children and be legally relieved from future child support obligations. But, you did not suggest that this might be your situation. If I were you, I would tell your ex to do whatever he wants to do as long as he continues to pay support. Then, if some lawyer does try to otain the relief your ex seeks, I believe that you should hire an attorney and I believe that your ex will be thrown out of court.

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Answered on 6/30/05, 3:31 pm

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