[Tink80501]

My question involves paternity law for the State of: Colorado

Ok so this is a rather long story, sorry in advance. My husband and I have 2 children, along with custody of his 16yr old brother. He also has a 6 year old daughter from a previous relationship. Who he hasn't seen in 4 years. Though we have tried. ALOT!!! Everytime we try the mother cancels at the absolute last second! We have Christmas, birthday, valentines, and just misc. presents for her in our closet from the last 4 years. The mother REFUSES to let him see her if our kids, his brother, or I am present. She wants it to be just the 3 of them. Before we went for paternity testing she said she wanted him to terminate his rights, which we had agreed to since we dont see her anyways. But the courts still made us do the paternity test. He is the father, so she changed her mind. Now we stil don't see her. Still pay child support. That we cant afford, the courts raised it from $213 to $387. (The CSE worker kept canceling on us and we went into default so Im not sure ow they got that much.) He makes $10 an hour now, and supports all of us on it. I dont work because I would be working to pay for day care. (my children are 20 months and 9 months therefore day care is EXPENSIVE)

My question is this.. We are going to try to get her to let us have visitations, but as a LAST resort is there a way to sign over rights and not have to pay child support? I know its not the best way, but if she wont let us see her we dont see why we should have to pay child support. Thanks for any help!!!

Oh. And someone mentioned we could file a motion to be removed from the birth certificate. Is that possible?

[mmmagique]

No. A parent cannot sign away rights to a child with no obligation unless someone else (who is qualified) is willing to undertake those obligations. (like if the ex remarries and he wants to adopt her.)

If there is a visitation order, take her to court for contempt.

If there is not, get one.

And no, I don't believe you can be removed from the birth certificate without just cause.

Good luck.

[Tez]

No. Your husband cannot be removed from the birth certificate unless a paternity test shows that he is not that father. As one has already proven him the father he is the father unless the criteria above in mmmagique's post are met.