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father signing over his parental rights

Discussion in 'Paternity Law & DNA Tests' started by mommylove, Mar 21, 2018.

  1. mommylove

    mommylove Law Topic Starter New Member

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    me and the father have been divorced for a year. my son is 4 years old and the father has only seen him 3 times in 3 years. he doesn't call, doesn't even try to come see him, makes no effort once so ever unless its to ask me about my personal life. he has told me several times he wants to sign over his parental rights. how would i go about doing that is there a form we can sign without having to get lawyers. and paying a butt load of money.
     
  2. shrinkmaster

    shrinkmaster Well-Known Member

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    No there is not. Unless you have remarried and your new spouse wishes to adopt this isnt going to happen sorry.
     
  3. zddoodah

    zddoodah Well-Known Member

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    There is no such thing as "sign[ing] over . . . parental rights" (except in connection with the adoption of the child by someone else). Your ex-husband is free not to exercise his visitation rights or otherwise be a part of his child's life. However, no exercising his rights won't relieve him of the obligation to pay child support as ordered in your divorce decree.
     
  4. shrinkmaster

    shrinkmaster Well-Known Member

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    What is yours or his goal in his giving up parental rights?
     
  5. leslie82

    leslie82 Well-Known Member

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    Most states don't allow people to relinquish their rights voluntarily unless there's a stepparent who wants to adopt or very extreme cases.

    NCP don't have to exercise their parenting time. That doesn't mean they lose their parental rights.

    "Voluntary termination of your parental rights is only given if there is “good cause.” "Good cause" varies from case to case. Both parties must consent. Avoiding financial responsibility or trying to rid yourself of the other parent is never “good cause.” Once granted, your rights in a parent-child relationship are gone forever. Speak with an attorney before proceeding."

    "
    Requirements for Voluntary Termination of Parental Rights
    Most state laws will require the consent of both the custodial parent and the parent whose parental rights are to be terminated. A qualified family law attorney can assist the parties in drafting a consent agreement for the termination. Once a petition is filed, the court may appoint an amicus attorney, or a “friend of the court”, to represent the child’s interest in the termination. The agreement of both parents that the termination of parental rights is in the best interest of the child will not guarantee the termination. The courts must also make a finding of “good cause” for the termination.

    Before a court will grant a voluntary termination, they want to know why the parent is requesting termination. Because they want the child to have the privileges of both parents, they will terminate only if there is “good cause” to approve the request. Two common situations that often lead to requests to terminate parental rights include: (1) a parent who wishes to terminate his/her child support or financial obligation for the child; and (2) a parent who desires to have the other parent completely out of their life. Neither ground is generally sufficient alone to constitute “good cause” and will not typically be approved. Courts are particularly cautious in these situations because they do not want to terminate a parent’s financial obligation to support the child. Such a termination may mean that the remaining custodial parent will need public assistance to support the minor child. In essence, the court will not punish a child when parents are trying to avoid their financial or emotional responsibilities.

    Most statutes do not specifically define “good cause”, but termination to facilitate an adoption is typically viewed as “good cause.” Courts are reluctant to terminate parental rights where there is no one ready to adopt the child and assume legal responsibility for financial support. Where someone, such as a step-parent, wishes to adopt the child, the termination agreement will often be approved because it includes the prospect of someone who loves and wishes to support and care for the child replacing a parent who no longer wishes a parental connection to a child."
     
  6. txls

    txls Well-Known Member

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    You do realize that he doesn't want to sign over his rights. He can ignore his rights without signing anything. What he wants to do is sign over his responsibility to the child.
     
  7. army judge

    army judge Super Moderator

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    Be selective about your breeding exploits, you'll be stuck with a deadbeat or irresponsible breeding partner for 18-19 years.

    THINK.

    You can always refuse to be bred, or to sire.
     

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