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    annonymous's Avatar
    annonymous Posts: 2, Reputation: 1
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    #1

    Mar 11, 2007, 09:43 AM
    Can a father sign rights over
    My question is... can a father sign his rights over to the child's mother or does there have to be a third party involved for the biological father to sign his rights over to? In other words... my sister had a baby with a man who is not currently present in the child's life. She wants him to sign his rights over to her and she doesn't have a significant other. Can he sign his rights over to her or does there have to be a man responsible for the father role in the child's life?

    Please help,
    annonymous
    Squiffy's Avatar
    Squiffy Posts: 499, Reputation: 84
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    #2

    Mar 11, 2007, 09:47 AM
    I recently had, as terms of my divorce, my ex husbands parental responsibility of our kids revoked, so he has no legal right to them. I haven't given my current partner parental responsibility though. I am pretty sure the dad has to agree to it though.
    RubyPitbull's Avatar
    RubyPitbull Posts: 3,575, Reputation: 648
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    #3

    Mar 11, 2007, 09:53 AM
    If a man needs to be responsible and involved in every child's life, how do you explain single mother's? What do you think happens when a woman with children is widowed? There is no law dictating that a man be involved in a child's life. However, there are laws in place that if a man fathers a child, he is financially obligated to that child until that child is at least 18, in some cases 21 or 22.

    If your sister wants him to sign over his rights, she can do so if he is willing. But, it only means that the man is no longer able to have a say in the decision making process when it comes to anything that is needed in the child's life, i.e. medical and legal decisions. He will still be obligated under the law to pay child support. She should file the paperwork for that to be done. This isn't about her not needing or wanting his financial help. It is about the child and the obligation the man has to that child.
    Squiffy's Avatar
    Squiffy Posts: 499, Reputation: 84
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    #4

    Mar 11, 2007, 09:57 AM
    My ex husband has no legal obligation to pay child support for them either. I sorted that out through the csa before we even got divorced. However, that was only done as he was violent when we were married so the csa decided it was better for him to not have any involvement, financially or otherwise in their lives. There are circumstances where ALL obligations to that child can be removed, at least in the UK where I live.
    RubyPitbull's Avatar
    RubyPitbull Posts: 3,575, Reputation: 648
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    #5

    Mar 11, 2007, 10:01 AM
    Squiffy, I understand what you are saying. But, that was a personal choice for you. Rather than deal with a violent man in any way, the decision was made for the sake of your children. I commend you on your strength to stand up to him.

    In the U.S. if someone is going through what you did, the mother can petition the court to force the father to give up his rights, if he is unwilling. But, they will still make an attempt to force him to pay child support. Whether he actually pays it is another story altogether. But, the courts can garnish his wages.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Mar 11, 2007, 10:07 AM
    Quote Originally Posted by RubyPitbull
    But, the courts can garnish his wages.
    Hello:

    And, in some states they can put the deadbeat dad in the pokey.

    excon
    RubyPitbull's Avatar
    RubyPitbull Posts: 3,575, Reputation: 648
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    #7

    Mar 11, 2007, 10:27 AM
    True enough, excon, true enough!

    My point in all of this is that she can terminate his rights if she wants to but the child has a right to additional financial support, even if she doesn't want it. She can always put the money into a college fund for him. But, the guy should not be given the easy way out and left off the hook to pay for and support the child he helped create.
    tinsign's Avatar
    tinsign Posts: 275, Reputation: 66
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    #8

    Mar 11, 2007, 10:39 AM
    He can terminate the rights to the child but will still have to pay child support... Now saying you were married to someone else and he signed papers agree to giving up all rights and allows the adoption of child to you and your new husband then that is a different story. At least here in the states.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Mar 11, 2007, 11:07 AM
    A parent can relinquish their parental rights. There is generally a court hearing where the parent affims their signature on the petitition. However, reliniquishing rights does not remove responsibility. It just means the parent no longer has a say in how the child is raised. They can still be required to pay child support.

    Generally you can't force someone to relinquish rights. Only in the cases of abuse would that usually be granted. Most courts will not sign off on relinquishing rights unless there is a step parent willing to adopt.
    emafawn's Avatar
    emafawn Posts: 1, Reputation: 1
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    #10

    Mar 12, 2007, 08:47 AM
    Generally for his rights to be completely signed over, there has to be a stepparent adoption. If the father has no contact with the mother or child for a year (no phone calls, no money... nothing) then the mother can file for child abandonment and have his rights taken away. Do the research in your home state for specifics. Hope this helps.

    Emily
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #11

    Mar 12, 2007, 07:19 PM
    No. He can only sign his rights over if another man is waiting to adopt the child.
    RubyPitbull's Avatar
    RubyPitbull Posts: 3,575, Reputation: 648
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    #12

    Mar 13, 2007, 04:41 AM
    I don't agree, cianci, sorry. If he does not want to be involved in the child's life, and she is in agreement that she does not want his input in making parental decisions in that child's life, she can petition the court to terminate his rights. ScottGem explained this properly. If the guy has literally abandoned them, she can petition the court to terminate his rights citing abandonment. If the guy doesn't want to give up his rights, that is another story. It is very difficult to do if he doesn't want to relinquish his rights. This is not about adoption or financial responsibility. It is about parential decision making rights. She can terminate that if he is willing to give up those rights.

    Anonymous, since we don't know where your sister lives, we cannot give you any links to the laws in your state or country. You need to do a search on that. If your sister is serious about this, she should find a good family lawyer in her area. Ask friends, co-workers and neighbors for a recommendation. The lawyer can advise her further.
    endlessecho's Avatar
    endlessecho Posts: 121, Reputation: 1
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    #13

    Mar 27, 2007, 06:48 PM
    SQUIFFY!

    What did you have to do to get it to where your ex doesn't pay and has no rights, that is what my boyfriend wantss because he's ex is nuts and the less involment he has, the more stable she is likely to be!!
    tawnynkids's Avatar
    tawnynkids Posts: 622, Reputation: 111
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    #14

    May 25, 2007, 09:55 AM
    You would have to prove "extreme parental disinterest". Or the Court would have to find it in the best interest of the child for the father to have no involvement (legal/financial). That is tough to do and must meet specific requirements. It is usually not done.

    22.2 VOLUNTARY TERMINATION OF PARENTAL RIGHTS (RELINQUISHMENT): PROCEDURE

    22.2.1 OVERVIEW
    Occasionally, parents who are parties to an abuse and neglect action decide to voluntarily relinquish their parental rights. Relinquishment can be a positive gesture that allows a parent a greater sense of dignity and control than a full-blown contested termination of parental rights trial.

    A relinquishment to CYFD is heard in the context of the existing abuse and neglect proceeding, if a proceeding is pending, and is not a separate judicial proceeding. §32A-5-24(A). A parent may relinquish parental rights to CYFD only with CYFD's consent. §32A-5-23(B).

    Relinquishment usually occurs as adoption plans are being made. However, relinquishment is sometimes sought where the likelihood of adoption is remote, as where the other parent does not want to relinquish his or her parental rights. If a proposed relinquishment of parental rights is not in contemplation of adoption, under §32A-5-24(C) the court may not allow the relinquishment unless it finds that:

    * Good cause exists;
    * CYFD has made reasonable efforts to preserve the family; and
    * Relinquishment is in the child's best interest.

    A parent who relinquishes under this subsection remains financially responsible for the child and the court may order the parent to pay the reasonable costs of the child's support. §32A-5-24(C).

    22.4 INVOLUNTARY TERMINATION OF PARENTAL RIGHTS: GROUNDS

    22.4.1 OVERVIEW
    The court is required under the termination of parental rights, or TPR, statute to give "primary consideration to the physical, mental and emotional welfare and needs of the child, including the likelihood of the child being adopted if parental rights are terminated." §32A-4-28(A). The court should consider, for example, whether the child, if aged 10 or over, will consent to an adoption. If the child won't agree, an adoption is not likely. §32A-5-17.

    There are three specific grounds for termination of parental rights in New Mexico:

    * Abandonment.
    * Failure to ameliorate the causes and conditions of the abuse and neglect, despite reasonable efforts by CYFD.
    * Disintegration of the parent-child relationship accompanied by a psychological parent-child relationship between the child and his caretaker.

    §32A-4-28(B).

    At least one of the grounds must be pled and proven with some specificity for TPR to occur. In the Matter of the Termination of Parental Rights with respect to R.W. 108 N.M. 332, 335-336 (Ct. App. 1989).

    22.4.2 ABANDONMENT
    The TPR statute, §32A-4-28, does not define abandonment but the term is defined elsewhere in the Abuse and Neglect Act. As defined in § 32A-4-2(A), abandonment includes instances where the parent, without justifiable cause:

    * Left the child without provision for the child's identification for a period of 14 days; or
    * Left the child with others, including the other parent or an agency, without provision for support and without communication for a period of:
    O three months if the child was under six years of age at the commencement of the three-month period; or
    O six months if the child was over six years of age at the commencement of the six-month period.

    If a parent seeks reunification with an infant left at a hospital in accordance with the Safe Haven for Infants Act, there is no presumption of abuse or neglect provided the parent seeks reunification within 30 days of the date the infant was left. §24-22-7, enacted in 2001

    Appellate courts have found abandonment in a variety of circumstances, including:

    * Parental neglect, lack of affection shown toward the child, failure to contact the child, failure to support the child if able to do so and disregard for the child's welfare. In the Matter of the Termination of Parental Rights with respect to C.P. 103 N.M. 617, 621 (Ct. App. 1985).
    * Selling a child. Barwin v. Reidy, 62 N.M. 183, 196 (1957).
    * Murder of the child's other parent in the presence of the child. In the Matter of the Adoption of Doe, 99 N.M. 278, 281 (Ct. App. 1982).

    Practice Note. Section 32A-4-28(D), added in 2001, provides that the department may not petition, nor join in another party's petition, to terminate parental rights when the sole factual basis for the motion is that the child's parent is incarcerated. This reflects prior case law. In re C.P. 103 N.M. at 621; Adoption of Doe, 99 N.M. at 282.

    While incarceration alone does not constitute abandonment, the court may, for example, look to whether the crime committed relates to the parent's ability to care for the child or consider the arrangements the parent made to carry out his or her parental responsibility, the extent of age appropriate contact between parent and child, or whether the parent took advantage of any treatment available in the correctional system. See, e.g. State ex rel. CYFD v. Christopher L. 2003-NMCA-068, 68 P.3d 199.

    All of this in it's entirety can be found in: Child Welfare Handbook - Chapter 22 - Termination of Parental Rights
    tawnynkids's Avatar
    tawnynkids Posts: 622, Reputation: 111
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    #15

    May 25, 2007, 10:07 AM
    Anon what state are they in?
    endlessecho's Avatar
    endlessecho Posts: 121, Reputation: 1
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    #16

    May 28, 2007, 01:24 PM
    Basically, if your sister's ex doesn't have anything to do with the child she maybe able to terminate he's rights due to neglect or whatever, if he doesn't agree to sign them over, but he will remain fincially responsible for the child until your sister marries, and if she marries, and the biologically father has given up his rights or had them taken away, the new husband could adopt the child giving the child his last name, and releaving the father of finicial duties.

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