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    jammers0923's Avatar
    jammers0923 Posts: 10, Reputation: 1
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    #1

    Dec 30, 2009, 05:40 PM
    How do I take back my release for my daughters father to claim her
    I stupidly agreed that my daughter's father could claim her every other year on taxes, but since I have her 12 months out of the year solely, without him seeing her, and I have only received child support this year since may, and do contribute more than half of the income each month I want to know how I can go about taking him back to court so he can not claim her. I need a legal stand point according to the judge not an emotional one as I've had so does any of what I'm saying sound like one? Or can you give me one?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Dec 30, 2009, 06:08 PM

    How long as the custody/support agreement been in place?

    If he has not been fulfilling his end of the agreement, you should be able to petition the court for a modification. How depends on the court. How did you file for the current order?

    By the way, its not uncommon for separated parents to alternate years.
    jammers0923's Avatar
    jammers0923 Posts: 10, Reputation: 1
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    #3

    Dec 30, 2009, 06:20 PM

    The entire agreement started in may, but at that time he was seeing her. He has visitation to her, but NEVER sees her. It didn't even take a month from the time we left the court room for him to stop seeing her, and told me he wanted nothing to do with her. And I have sole custody of her always have.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Dec 30, 2009, 06:37 PM

    Since the agreement was finalized in May (I assume by a court), I doubt if the court will entertain a motion for modification at this point.

    He is not required to exercise his visitation rights. But as long as he makes his support payments, I don't see any reason for the court to even listen to a modification request. And, if he is making support payments, then he is entitled to claim her, at least in alternate years.
    jammers0923's Avatar
    jammers0923 Posts: 10, Reputation: 1
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    #5

    Dec 30, 2009, 06:44 PM

    So basically u are saying my only other option would be to have him sign off his rights? I don't know how men can sleep at night being that type of parent.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Dec 30, 2009, 07:05 PM
    Quote Originally Posted by jammers0923 View Post
    so basically u are saying my only other option would be to have him sign off his rights? i dont know how men can sleep at night being that type of parent.
    No I'm not saying that, especially since he can't just sign over his rights.

    What I'm saying is that it's too soon for you to request a modification of the court agreement. Nor do you have any grounds for doing so. Maybe after about two years have passed, you can go to court to revisit the agreement.

    And I agree that it is a poor sort of man who emotionally abandons his child. But the fact is that you can force him to finacially support your child, but not emotionally.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Dec 30, 2009, 07:24 PM

    Most courts will not see or hear changes in a case for 2 or 3 years unless there are specific changes, his not visiting is not really considered a "change"

    If he is not paying support, contact your child support collections department.

    You can not force him to visit, you can force him to pay.

    He will not be allowed to sign away his rights unless you get a new partner who will adopt.

    So you can try and take it back to modify but most likel you are going to have to live with it for a couple years at least
    jammers0923's Avatar
    jammers0923 Posts: 10, Reputation: 1
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    #8

    Dec 30, 2009, 07:44 PM

    How come they never tell you these things before you go to court because I was the one who agreed to this I should have never done it. And I'm sorryvthe tax agreement was made in November of last year the child support was in may of this year.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Dec 30, 2009, 07:52 PM

    First, when you go to court its advisable to have an attorney. Your attorney is the one to advise you on these things.

    As I said, alternating years is a very common practice.

    Finally, this site does not allow chat speak. We type in full words and sentences here.
    jammers0923's Avatar
    jammers0923 Posts: 10, Reputation: 1
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    #10

    Dec 30, 2009, 08:02 PM

    Ok I am sorry I did not know that. Also thanks for your advise, if anyone else has any ideas for me or that legal standpoint I need please let me know. Thanks
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #11

    Dec 30, 2009, 08:13 PM

    Legal standpoint, you have no basis for a request for modification and merely have to wait.

    ** the every other year is very very common, done in the majority of cases I know

    You need to address the non payment, by either taking him back to court for contempt, or working with your states child support enforcement agency
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