Child Custody Changes

My question involves a child custody case from the State of: California.
Hello. Thanks for taking the time to read my post. My husband and I are finalizing our divorce and we have a three year old whom I have full legal custody until age 6 (we agreed on this in he divorce custody papers sent in this past fall and his dad is to have visitations for a specified amount of time a week (tues Thursday 4hr each). The soon to be ex husband and I are not talking and therefore no visitations have been made for many months.. The last time we spoke we verbally decided for me to have sole custody of Carter and that he would sign papers stating he will release any parental custody to me and therefore, no longer pay any child support. My question is how do I go about getting the paper work for this? Is there a form for both parents to fill out or can I simply type up an agreement stating the facts and each parent sign it and turn that into court? Please advise, any comment is greatly appreciated. Ty again

You can't. The state will not waive the child's future support needs.

What you can do though, is very simple. He doesn't visit at all, you don't file for child support.

Dad can agree to you having sole custody. Dad cannot sign away his rights or obligations. If Dad chooses not to utilize his rights, that's different. However, if for some reason you need State aid, Dad will be responsible for repaying the State via child support orders, even if you never ever file for child support.

Thank you members Dog and Boo for your quick reply. Your insights greatly appreciated. Boo.. U mentioned if I need aid the dad would be responsible for repaying the state? The dad paid no
Child support for the first three years of Carter's life and only started this past fall when we started divorce papers.. Basically my family helped pay for all expenses of Carter's. Would dad be anyway liable for repaying my parents for the financial help of the three years? Also, I would like to take Carter on trips and for a passport I would need the dads signature and he won't sign off on it. Is there any other way to get Carter a passport other than having the other patent sign off on it? The last name on Carter's birth certificate is of his dads, in case this matters. Ty again.

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Thanks Dogmatique
I had another question is u so kindly have the time to check.. It should be on the same thread. Ty

No, he's not responsible for repaying your parents. The duty to support a child falls upon the parents. Your parents have no business supporting the child and if they do, then they do so voluntarily.

If he's not paying support, there is a remedy for that. As already stated, dad cannot sign over his rights and you cannot waive support.

Ty Courtclerk
Is there another way to get a child's passport aside from both parents signing the weaver?

Quote:

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Quoting CartersMom

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Ty Courtclerk
Is there another way to get a child's passport aside from both parents signing the weaver?

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Yes, you can get sole custody through the courts and then dad's signature would not be needed. You can also ask the judge to order dad to sign the passport application if you don't have sole custody.

llworking Ty
Ask the courts? As in paper work has to be signed and sent in? Please advise

You can ask the judge to order him to sign the passport application, OR you can try and obtain sole custody. Sole custody is a long shot if he doesn't agree to it, so you may have it put in your custody order that you are able to and should be in possession of the child's passport. That request must be put in your motion. You cannot just "oh, by the way...."

Here you go: http://travel.state.gov/content/pass.../under-16.html