My soon to be exhusband is willing to give up his rights to our son as long as I will grant him a divorce. He is planning to marry someone who have obvious mental issues. I could never trust her to be within 100 yards of my child. What do I need to do to start the process of termination of his rights?

You get married, be married for a year, have that new partner wanting to adopt, and then he can give up his rights.

Besides that he can not give up his rights, what he is wanting to give up is child support, so just laugh at him, he is the one wanting to be married to someone else, so you go ahead with your divorce, he does not have to "GIVE IT TO YOU" yuou can get it though the court anyway.

If he wants to sign a custody agreement, that says you get full legal and full physical custody, that is about the closest to giving up his rights as you can get.

I don't understand- he is willing to give up his rights if you let him be with some woman! Whoa whoa whoa!

First, the fact that he actually said that makes him scum, drop him. Let him be with a mental case.

Second, I agree with FR! Do seek a lawyer and fight this till your hanging by the skin of your teeth.

Keep us posted, AMHD is here for support.
MRS.S

I don't understand- he is willing to give up his rights if you let him be with some woman! Whoa whoa whoa!

First, the fact that he actually said that makes him scum, drop him. Let him be with a mental case.

Second, I agree with FR! Do seek a lawyer and fight this till your hanging by the skin of your teeth.

Keep us posted, AMHD is here for support.
MRS.S

Funny thing is I never submitted our marriage certificate to the court house so we are not legally married. But, he is agreeing to give up his rights if Ill burn the certificate. The women he is marrying was a prision guard who got pregnant by an inmate. I could never trust her around my precious son.

Funny thing is I never submitted our marriage certificate to the court house so we are not legally married. But, he is agreeing to give up his rights if Ill burn the certificate. The women he is marrying was a prison guard who got pregnant by an inmate. I could never trust her around my precious son.

Were you common-law, how long were you together?

Regardless a lawyer should be contacted- DO NOT burn the certificate. Gather all your documents and please see a lawyer, I cannot stress this enough- it'll give you a "one-upper" in the future and will make things less stressful later than if you had none.

This woman sounds conflicted, however the major issue here is your husband. First thing tomorrow morning contact lawyers and get going on leaving him. This relationship is dead and gone, you and your child should be your main focus.

MRS.S

If you were married by a person leally entitled to marry you, then you are married. Just because the locl courthouse doesn't have a record, doesn't mean the marriage isn't legal.

Second, Courts are very reluctant to grant a TPR. He can't just sign over his rights, a court has to terminate them. And, under the conditions you list they are unlikely to do sol

I suggest you consult an attorney.

Funny thing is I never submitted our marriage certificate to the court house so we are not legally married. But, he is agreeing to give up his rights if Ill burn the certificate. The women he is marrying was a prision guard who got pregnant by an inmate. I could never trust her around my precious son.

Let me bottom line this for you.

1) he cannot stop you from divorcing him. Do not agree to anything. Get child support, because you will not be able to terminate his rights.

2) he can file for visitation and it will likely be granted. Assuming his new woman is not a felon (usually against a child) the fact that you do not like her or want her around your child is not really something the court is going to care about. Be prepared to PROVE that she is a DANGER to your child or the court is going to ignore your concerns.

3) he is the one with the actual upper hand here. He can divorce you at any time for any reason, regardless of your misfiled license. What he wants is to avoid paying support. That is your only negotiating point in all of this.