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Raising Children with Parents in Prison For the Parent left behind with children AND for the Children that have a parent inside. Discussion of unique challenges facing this group!

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  #1  
Old 07-07-2002, 01:12 PM
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Question Parental Rights

I have a question about parents who have their rights taken or give them up. The child in question wants the father to give up his rights, the court will probly order it anyway if thats what the daughter wants. (Th father is in jail) They say 15 is old enough to know what she wants. Does this mean that he would continue to pay child support, but have no rights? The daughter told me she was going to go to lots of therapy, and to college and he will have to pay for all of it. She is being fed this info by foster mom. So is that true.....no parent rights, just pay the bills??? Annie
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Old 07-07-2002, 03:53 PM
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i am not absolutley sure but i think if someone's parental rights are terminated, so is their financial responsibilty
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Old 07-29-2002, 11:02 AM
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You financial responsibility is over the moment you sign away your rights,but, you are still responsible for any back money owed unless it is forgiven in the termination court papers.Steve&kids
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Old 07-29-2002, 12:25 PM
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Thanks for the replys. I sure dont understand alot of stuff about our court system!!! Looks like the court is going for reunification now....kind of odd since the daughter doesnt want it, but who knows....they could change thier minds again. Annie
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Old 08-06-2002, 01:00 AM
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OK, what if you sign away custody rights, but you still have some visitation, whether ordered by the courts, or left to the one parent. Then do you still have the financial responsibility?
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Old 08-06-2002, 09:24 AM
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I think if your rights are gone.....so is responsibility to pay....if you visit because the other parent lets you...it shouldnt change anything. I suppose a judge could make a ruling, I doubt they would say you can never see them if you dont pay.....but these days its hard to tell. Im going to have to ask an attorney about this issue. I will let you know if I find any answers worried one!!! Annie
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Old 08-06-2002, 10:51 AM
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I wonder about the 15 year old's maturity level in the eyes of the court? Yes, she is old enough to talk to a judge. But the judge still views her as a minor making a very serious request. Has she talked en camera with the judge? Has the court assigned a guardian ad litum? The child will probably not have to visit with the father by court order, but I don't know if his rights will be terminated unless the plaintiffs can prove it is in the best interests of the child. He is still the father and she is still a child, regardless. He may not have custody or visitation at this point, but courts are not so fast to set in stone that a parent can not have rights regarding thier children. Is the mother trying to get custody? Where is mom while the girl is in foster care? Does mom pay support? Is the daughter asking to have mom's rights terminated too?
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Old 08-06-2002, 11:01 AM
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Worried one, you will still probably have to pay if you still have parental rights. I think it would be different if you signed away all parental rights as opposed to just giving custody to the other parent. Is there court ordered visitation? Or is it an agreement you have solely w/ the other parent?
Do you still have parental rights or not, please?
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Old 08-06-2002, 12:12 PM
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Maybe this link will help? http://caselaw.lp.findlaw.com/cacodes/fam.html
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Old 08-06-2002, 12:29 PM
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The father may be responsible for child support, but being hes in jail, & he fights it, he probably wont have to pay. There is no way he will be responsible for her college, & if hes locked up, how can he pay for therapy? It sounds like mom has been feeding daughter a bunch of bull, & she will find it out sooner or later. She will probably cross her arms, stamp her feet & yell "It's not fair". I guess it shows the character of mom, who in turn has passed this character flaw on to her daughter, that she is willing to dump dad so she can get a few bucks. Typical, to go after a prisoner, & try to get blood from a rock. I hope neither of them ever receives a dime. I try to warn guys about the scandolous things a few women try to do, & how the child support laws & family courts really screw guys over. If it keeps going the way it's going there will be no incentive for guys to ever get married. Just my two cents, LOL.------Ken
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Old 08-06-2002, 01:47 PM
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The 15 year olds mother had her until she was 9- then the state removed her, and we got her. The mom is a transient and no one can find her now. The mom taught her how to work the system like a pro unfortunately. Now the foster mom who has her is filling her head with all the other details she needs to live "for free" and has told her to stay a foster child to get free scholarships etc....I have heard this with my own ears. The father is in jail due to a charge related to this daughter, so my understanding is that he WILL be paying for everything and anything under the sun she wants or does while in the system. I believe he should pay for some therapy etc....but not pay forever cause she wants to have a "free" scholarship or live in a newer house. Thats what she told me. She said " I told you I would live in a nicer house...see!!" I have seen the house, its not that nice, but whatever. I think the court is saying re-unification so they can continue to bill him...by the time she would actually move back home...she could be 18 if they milk it long enough.
I wish things were different, but I think once kids are in the system, its kind of a lost cause trying to make sense of it. Annie
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Old 08-26-2002, 02:47 PM
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I think an inmate can get a stay of support from the courts...
check this link out...it goes directly to court forms/family law/support

http://www.courtinfo.ca.gov/cgi-bin/forms.cgi
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Old 08-26-2002, 08:40 PM
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Thanks Silver I will check out that link now!! Annie
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