A Columbus Family Law Attorney article about signing away your rights to your child.
In Ohio, usually when people ask this question, what they mean is – if I agree not to be a part of my child’s life will I have to pay child support? In Ohio, visitation, or parenting time, is a privilege, not a right. Support, on the other hand, is an obligation. Both visitation and child support are modifiable until the child reaches majority, or until the parent’s rights are terminated by either an adoption or a children’s services type of proceeding terminating parental rights. Another way of putting it is this – if a person wants to walk away from their child, a court may agree that it is in the child’s best interest not to have contact with that parent, but that does not relieve the parent from the obligation to support their child. Nothing but a termination of parental rights via adoption or children’s services case will eliminate the possibility that a zero child support order may be modified in the future.
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Until recently, Ohio courts generally held that child support was not modifiable retroactively. In some situations where a parent has failed to pay child support for years and had an enormous child support arrearage, the parent with the child support arrearage sometimes would offer to “sign away their rights” if the custodial parent would agree to “get rid of” the child support arrearage. Sometimes this offer was attractive to the custodial parent, but Ohio courts maintained that the Ohio Revised Code does not allow retroactive modification of child support. On December 11, 2008, the Ohio Supreme Court, in the case Byrd v. Knuckles, decided that a court MAY, but is NOT REQUIRED TO, accept an agreement of the parents to terminate a child support arrearage. To learn more about the Byrd v. Knuckles case and retroactive modification of child support, click here.
Anonymous says
My bf got a girl pregnant and he doesn’t want any rights to this child. Does not plan to be in their life at all, is he able to terminate his rights ? He will pay child support- can the judge force him to pay more because he is not involved at all? He has not spoken to her once since she told him-could this count as abandonment ?
She has been maliciously posting online-can I sue her for emotional distress ?
E says
Hello my name is Elijah Johnson
I’m 22 years old with a 2 year old baby girl I love with all my heart but the mother of my child forced my hands
I need to sign my rights over to be able to see or touch my beautiful daughter after I’m done with the military
It hearts my heart that I have to do it but there’s so much that’s happened that no one will understand me or anything I want to say so I want to sign my rights over to the mother of my child
K says
Getting a divorce and my adopted daughter wants not to be part of my life. Mother wants full custody and visitation at her discretion. How do I give my daughter what she wants and step back if this makes her happy. But not have to be held liable for support and not be allowed to see her.
Y says
I have a son that has been in children services custody now for like 1 yr and i still pay child support
M says
I haven’t seen my child in two years dad will not allow me contact, they have moved I have no address and the child support agency will not tell me were in Ohio they moved I don’t have money to fight in court for custody I do have visitation which I try to do but I have been cut off completely from my son and have no idea how to contact him or his new family this has been difficult for 2 years trying to trace a ghost for a child. So I’m still paying child support and not seeing my son. He considers another lady his mother and I want to know how I sign my rights away to allow them to become fully parent’s and sole custodial parent of the child. They don’t allow me time with him and I’m tired of fighting, all they want is my money for child support. When I tried to see my son they went to extreme measure to make sure I did not see him, They moved and blocked my phone calls on 3 lines. I contact the police they tell me to take it to court , I’ve been to court so many times fighting for my son I have no money AND I AM IN DEBT WITH LAWYERS, best option is to sign my rights away.
CAN anyone HELP
R says
My cousin and her husband both have mental disabilities. Can they sign over their parental rights of their 2 children to their mother?
R says
I have 6 year old son and a 1 year old little girl both of there mothers will not let me see them at all and they both want me to sign my rights away… I want my kids i love my kids but i cant win…im at a loss if i sign my rights away yes it would help me on child support in the end… But on the other end i love me kids and would have a hard time signing them over…
J says
I have a question… I began a relationship with my husband and grew to love his children. He pays child support and has shared parenting. But the ex baby mom has been medically neglecting her handicapped daughter and she is mentally abusing her other daughter. We are fighting for them in court but the mother of the children has been a problem she has devoted her life to making ares hell. She is brain washing the little girl and we are fighting for them but now she is lien on me and her father saying we hit her and be mean to her.. She has become a problem child and a lot of it is her mother putting lies in her head. It seems like cause we live in Ohio no matter what we do they will always side with the mother. So I have a question since its a big mess and I have other children and I don’t need all this extra stress I just got married and its now causing problems in our marriage is just signing rights away the best ultimate decision? We have been fighting for these kids to have a better life and no one cares about better they only care about what is working out don’t need to be change a short of what doesn’t look broken don’t need fixed kinda reaction… And also what all does happen if u finally do decide to sign rights away what all happens after u do that?? I mean what are u responsible for and what are u not?
A says
My ex is moving out of state. He doesn’t support the children in any way. Not emotionally, mentally, physically or financially. If I typed up a paper that states he is signing over his rights Pro Se (without a lawyer) … will this act as a legally binding piece of paper?
T says
My fiancé had a child 12 years ago. He payed child support since his son was born however, was never was given the opportunity to ever meet his son. At the age of 3 his sons mothers asked him to give up parental rights so her husband could adopt him. At that time he did give up parental rights. Now at the age of 12 his son has been asking about his biological father. My fiancé would like to have a relationship with him. This took place in Ohio but the child now lives in Florida, the biological father still lives in Ohio. Can the biological father have any rights to finally meet his son?
J says
Just a quick “thank you” for the information! I work with pregnant and parenting teens in a high school. One of my students today asked me to research whether her daughter’s father could voluntarily give up his parental rights. He isn’t interested in being involved with the child. I understand terminating parental rights in the case of adoption or when a child is involved in children’s services but are there any other situations where a parent, of there own choosing, is able to terminate his/her rights?
Ess says
I have a friend who is willing to sign his parental rights away to his exgirlfriend’s husband who is also wanting to adopt said child. Problem is that the exgirlfriend will not allow either her husband to adopt said child or for her exboyfriend to give her husband the rights. She fears of loosing the extra income (childsupport) Do either men absolutely have to have her consent to proceed with the adoption process?
Anonymous says
My fiancé has a child support order to pay child support for a child that he believes not to be his child he is currently paying support for this child that he does not get to see or talk to because the mother won’t let his see him or talk to him he was wanting to give up his parental right since he can’t see or talk to him but would also like to find out how he can get a paternity test done to find out if this is even his child do to the fact that he has received several messages that thei child isn’t his for several years can u please give me some advice for him in this matter thank u
Anonymous says
my son payed his childsuport for years than one day 8 years later when to court to get his child suport razed got one child taken from him telling him she was not his now he only see the younger one when she want to bring her
Anonymous says
My fiance had cheated and unfortunately the female ended up preg he wanted nothing to do w it and asked for an abortion she kept thinking it would destroy our family and shed get what she wanted however it didn’t happen this child will never be involved in our lives and the mother knew this before she had it is there anything u can do to sign away a child u never wanted to begin with?
B says
My son 15 year’s old n I’m behind in Child Support.My son liced with his mother for year’s n now in his Grandparent’s care.He want’s nothing to do with me.I sign right’s over only way to stop support is him to b adopted?
R says
I have a friend who has a 12-year-old daughter and she signed her rights away for custody of the child it was done through foster care adoption does she legally have to pay child support from what I’ve read it seems that the answer is no and if that’s true well she get the child support she has paid out over the years back And if not through the court system just giving the money back to her does she have to get a lawyer to get her money back
T says
I have a 3 year old daughter and her mother has agreed to give me full custody of my daughter we live in Ohio. How can I get this done?
A says
Im in situation where ive always been scared of daughters dad and family, ive let him make all the decisions because i was always scared. Well now my daughter is accusing my boyfriend and i cant see my daughter now til further notice unless supervised. Now i get a letter in mail saying he wants child support. Can i give rights up or get my daughter and he pay?
Anonymous says
I’m currently in a relationship with a man that has a child with another women. The child will be 5 this April, he hasn’t seen the child for 4 years. He has tried, the mother just refuses. The mother is with another man and they now have a daughter together. Anyways, my boyfriend is wanting to sign his rights over. The mother has no problem with this. But does she have to be married to the guy she is with in order for him to adopt her.?
G says
I am 22 years of age I have a year old son this woman and me had a one night stand now she is after me for child support and she is getting it and I can barely afford it is there any way to get out of this because I did not know about him nor did I agree to have a child is there any way to give up my rights to a child that I do not want??
K says
I have two kids they was tooken from me over five yrs ago for depression too full custody too their grandparents. They have had them for over five yrs and wont give them back to me n they are bulling me n trying to control my life. And I want to sign off so I can move on with my life because knowing they at never going to give me my kids back n tired bring bullied..i live in Ohio. Thank you.
I says
I have a teenage son that was in Nov 2014 asked to live with his brother because I was to strict. I gave him the permission to do so and then when he decided to leave his brothers home and take off. he ended up with his Biological dad that is a pain pill addict. My son is now 17yrs old and was arrested at the corner of his dads apartment and charged with 3 felonies and a misdeminor. I was not called for 3 days while he was held they called the non custodial parent and he was denied to have my son released due to the drugs in his home. My son was released to me after a very long day of many courts appearences and with my ex falling over by the amount of pain pills in his system. I was told I needed to work with him on parenting our son and I was ordered to a co-parenting class, what? This person has never done anything for this child including visitations, homework, sports, medical, housing, food, clothing etc…He did admit at court that he was aware when _________ was crashing at his house that he was with a 24 yr girlfriend and allow them to shot herione and meth in their arms. And I’m the bad parent?? I asked the courts to place him in a rehab to ensure he was clean before releasing him to me. they refused and now I have a detoxing angry teenager by myself. I thought the justice system was in place to help parents but I have seen that is not the case. If I cannot control this kid am I allowed to give him to the state?
A says
I’ve been out of work for 7 month now. And living place to place and I need to terminate A My parental right. They are in Ohio an I’m in Florida how can I do that
T says
I was with a lady she was with me and another guy. I wasnt aware of this. She got pragnet and claims I’m the father but she married the other guy and was married to him the entire pragnacy and still is married. what are my rights. if she is married even if the child is mine she married and i havent been part f its life. I have no problems taking care of my kid but she cheated on me and married this man. Do i have any rights at all.
Anonymous says
my partner wants to sign over her right to the state what do she do help
DAVID says
i got this situation going on that my ex-girlfriend had a child thats mine but she lives in that state of Maine now for the last 2yrs an i live in Ohio an i wanna sign my rights away to them, what do i have to do to sign my rights away if she lives in Maine