Is signing rights away really up to the judge?

Question

if both parents want to mutually have the father sign his rights away....does the judge really have the final say?

my lawyer cant give me the papers and i have my sons father sign them without going through court?

Answer 1

Yes, the judge has to sign off on it. No, you can't do it without going through court.

Imagine if the father has money and the mother doesn't. Suppose the father doesn't want to pay child support and the mother is a jerk. So the father offers the mother $12,000 "under the table" (which she blows on drugs or something that day) to let the father sign his rights away. The mother goes on welfare, and the child is screwed.

To prevent these kinds of abuses and protect the interests of the child in a stable financial future, a Judge must approve any waiver of parental rights.

CJ: Please name one State in which a father can evade his child support responsibilities just by bribing the mother. I find that extremely surprising and will research the laws of any State you can name.

Answer 2

yes. the judge has the final say

Answer 3

That entirely depends on the laws of your state!

In some states a mutual decision for the father to give up his rights can be signed away by simple paper work and certification of a county clerk. Other states do require a judge to make the final decision. Your lawyer would know best in your particular circumstances.

Answer 4

Yes the judge has the final say because a man can't just sign off all his rights just like that.  It involves paperwork and a court appearance to have it on record why and even after signing off rights they can still end up being told to pay childsupport.  It is best to just have a good lawyer who knows the laws to make sure it is done right.

Answer 5

The judge does have the final say.

Answer 6

I know our son's birth parents were given the papers to sign away their rights as part of a plea bargain to lessen their abuse charges. I don't believe they had to sign in front of a judge.  Might depend on the state.

Sometimes though, the judge is just like a witness. A JP wedding,  for example. the judge isn't going to tell two adults they can't marry, but he still needs to be there.

Answer 7

Unfortunately, you need a judge to finalize the agreement. I also know in PA that you have to have someone lined up who is willing to take responsibility for the child, preferably but not limited to a husband/wife.