WASHINGTON STATE- How to file relinquishment of rights

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Latest post 04-16-2013 6:24 AM by JoBraver. 5 replies.
  • 04-15-2013 10:31 PM

    WASHINGTON STATE- How to file relinquishment of rights

    Hello all. I will try to shorten this in the interest of time.

    In 2000 a woman I was dating ended up getting pregnant. I foolishly signed a declaration of Paternity WITHOUT getting a paternity test (however, I did not sign the birth certificate). I felt coerced by the lady who works for the state whom sets up the child support payments (guardian ad litem I believe??).  I thought it would jeopardize the situation with seeing my child. Anyhow, we went our separate ways on good terms and I proceeded to pay child support for 2 years or so. 

    It was then brought to her attention that in 2000 she had sex with someone else right after we split - she was inebriated and actually did not remember this encounter. After she told me I proceeded to actually get a DNA test. I'm not the biological father. So I got a lawyer and went to court to vacate the order of paternity. The mother was completely on board and helped every way she could. Before we could say ANYTHING to the judge (and after I paid my attorney a couple thousand dollars), it was noted that after 2 years Washington law dictates that the declaration that I signed cannot be reversed for ANY reason. The states attorney AND judge were actually trying to help me figure out another way but they could not.

    So they did inform her that all she has to do is go down and request the support payments stop, which she did. BUT if she ever needed States assistance the payments will start again automatically. We both decided it was best that I did not act as the father. I've had 0 contact since. I now live in Arizona.  Now 13 years later, the payments started up!

    I got in contact with her and she would like me to relinquish my rights. Where do I start? It seems that getting the paperwork together for her to file would be the best route since she is the mother. She also mentioned her fiance' wants to adopt, but they are not married yet.  Any help would be appriciated. 

     

  • 04-15-2013 10:50 PM In reply to

    • DPH
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    Re: WASHINGTON STATE- How to file relinquishment of rights

    problematique:
    she would like me to relinquish my rights. Where do I start?

    Since she is the one that wants you to do something to help her (adopt), have her gather the appropriate paperwork and get it ready for your signature.  When she comes up with the documents, have all of it reviewed by YOUR attorney to make sure that you are truly doing it correctly and that you will be off the hook for CS payments.  Either that or consult with a WA attorney for advice on how to proceed.  DIY at your own peril.

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 04-15-2013 10:58 PM In reply to

    Re: WASHINGTON STATE- How to file relinquishment of rights

    Well, I should clarify. This is something that I am trying to expedite as quickly as possible, her benefit of adoption is secondary. So I would like to do all the legwork that I can and just get the paperwork to her to sign.

    It's not right that I'm paying for a child that is not mine. I should also mention she knows the name of the biological father AND he is already in the Washington State child support system. Can the state "go after" the correct person??

  • 04-15-2013 11:18 PM In reply to

    Re: WASHINGTON STATE- How to file relinquishment of rights

    It's quite likely that you won't be able to relinquish rights until the adoption actually takes place.  It's also likely that the adoption wouldn't be considered until the fiance is actually a spouse.  You may want to consider how likely this actually is.  Even non-contested stepparent adoptions will cost upwards of a thousand dollars.  If mom is collecting gov't assistance such that you are now being sought after for CS, where is she going to come up with the money for adoption? 

  • 04-15-2013 11:29 PM In reply to

    Re: WASHINGTON STATE- How to file relinquishment of rights

    Yes, I see what you mean. This is what I was worried about. So then basically they have to start the adoption process before anything else can be done... At this point I would PAY the money to get the adoption together. I mean, this is literally money just dissapearing out of my check for the next 5 years- I'd gladly pay whatever it cost for them to adopt.

  • 04-16-2013 6:24 AM In reply to

    Re: WASHINGTON STATE- How to file relinquishment of rights

    While it may be state specific,  you can go through the procedure to terminate your rights and still be financially responsible until there is an actual adoption.  No one here would know the actual procedure in your jurisdiction- you will need to consult a local attorney in washington.

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