I’m having a issue with child support and a notary. 5 months. No haven’t been to court but I signed a notary for

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Customer: Hey I’m having a issue with child support and a notary
JA: How old is the child? What state do they live in?
Customer: 5 months
JA: Is there an agreement for payment of child support?
Customer: No haven’t been to court but I signed a notary for forfeiture of my parental rights
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Answered by JKEsq in 4 mins 2 months ago
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JKEsq
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JKEsq, Expert

Hello! Thanks for using JustAnswer. My name is ***** ***** I am an attorney ready to answer your questions with top-quality service.

I’m sorry to hear you are having these problems with your legal issue. I know that can be frustrating. However, we can get this resolved quickly.

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JKEsq, Expert

What state is this happening in?

Customer
I'm in AL, and she's in NY
Customer
Could we make a phone call or just text?
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JKEsq, Expert

If you would like a call you must request that premium service from the pop-up.

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JKEsq, Expert

So the case is in New York?

Customer
She has my daughter in NY
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JKEsq, Expert

Ok and what is she claiming? Child support?

Customer
She is going to take me to court for child support.
Customer
However, before I left NY I signed a notary forfeiting my parental rights giving her full custody.
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JKEsq, Expert

Got it! I believe I have everything I need, but was there anything else you’d like to add before I answered? If not, I can begin working on your answer.

Customer
It was stamped and signed as well by approved authority.
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JKEsq, Expert

Ok! I just need a little time to do some research and draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long!

Customer
Will it be today?
Customer
Also do I have to pay for the answer?
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JKEsq, Expert

It will be in a matter of minutes.

Customer
Ok
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JKEsq, Expert

I’m sorry to hear about your issues here, hopefully, we can get them solved quickly.

Unfortunately, there is no such thing and that holds true in most states. One cannot just give up parental rights to avoid paying child support.

If you are a non-custodial parent (meaning that your child does not live with you), you can only give up (terminate) your parental rights if another person will agree to take your place as the second parent of your child.

For example, you are divorced and your child lives with your ex-wife. You pay child support, but you do not visit your child. You can volunteer to terminate your parental rights only if your ex-wife's new spouse will agree to adopt your child.

If your ex-wife's new spouse agrees to adopt your child, then you can terminate your parental rights. If your parental rights are terminated, you no longer have to pay child support and you no longer have any rights to visit your child.

So the only way you can give up your parental rights to avoid child support here is if there is another person who will take over as your role as the father. That would require a new boyfriend or spouse to adopt your child legally first.

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JKEsq, Expert

New York State law, however, only permits such a move if there are acceptable grounds or an arrangement has been made for someone else to assume responsibility for the child. When a child is older than 14, their wishes must be taken into account in any adoption plan, and they are permitted to maintain a connection with their biological parents even after the latter’s parental rights have been terminated.

I'm not sure who told you you can terminate your parental rights by signing an affidavit but that is simply not the case. You need to consult with a New York family lawyer before you proceed any further. You may not have any grounds to terminate your parental rights here or avoid paying child support. Not unless the facts are nearly identical to the example above where there is a boyfriend or new spouse who was going to adopt the child and take over your rights.

You can find a highly-rated local lawyer on a lawyer review site like Avvo.com for that city in NY. You can also use https://find.lawyer.com/justanswer.php?1 which will get you a free consultation and 25% off legal fees for being a JustAnswer member.

Please let me know if this has answered your question fully. I hope this information is helpful to you. If you need additional assistance or have follow-up questions, please reply to my message below, and I will respond as soon as I can.

Customer
Ok, I was not going to try to evade paying child support. If that's what I have to do I'll do it. However, I wanted to know what the paper is I signed and got stamped means then. It had to be stamped by high officials and everything. If it means nothing I'm not too sure why I had to go through that process.
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JKEsq, Expert

I understand but the court simply will not let you do that.  Absent another person taking over the court is not going to forgive child support here.

A voluntary surrender means very little in most states- you simply cannot voluntarily surrender your rights.

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JKEsq, Expert

I can't begin to say who told you that you could surrender your rights that way in New York courts.

Customer
It was kinda like a parental plan. However, everything that was signed and stamped I've been following those guidelines. If it was time I didn't have or whatever I communicated that with her. She try to do timelines that weren't listed in the documents that were signed.
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JKEsq, Expert

I understand but you cannot surrender your rights here sorry to say; not that way.

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JKEsq, Expert

You need legal advice from a NY family lawyer here and get your case reviewed.

Customer
Ok
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JKEsq, Expert

Great! You're very welcome and it was my pleasure.

It was my pleasure to work with you and help with your question. If you ever need to reach me in the future, you can post a new question with the title "ForCustomer or just add me as a favorite Expert. You'll have the option to do that on your "My Questions” page.

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JKEsq, Expert

Have a great rest of the day!

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