My ex wants to give up his parental rights to our daugther that he has never met and he's not on the birth certif. I want him to give them up also and we both agreed on him not paying child support either. I do get medical and food stamps for my daugther will that affect anything? What forms or paperwork do I have to file so he's able to give up his rights?

My ex wants to give up his parental rights to our daugther that he has never met and hes not on the birth certif. I want him to give them up also and we both agreed on him not paying child support either. I do get medical and food stamps for my daugther will that affect anything? What forms or paperwork do I have to file so hes able to give up his rights?

He CANNOT give up his rights... he can choose not to exercise them
The child support payments are for the child's needs not for mother's needs.
If you are about receiving stamps the State and all taxpayers have to be compensated by CSP .

My ex has never met his daughter nor ever wanted her. He hasn't been in the picture before and even after she was born, it's been a little over two years now. He also wants to give up ALL his connection and responsibilities with her also involving paying child support. He is also not on her birth certif. What paperwork would he or I file and if he can't give up paying child support then can he still give up his rights to any kind of custody or visitations and not be considered her father?

Please do not post many threads!

My ex has never met his daughter nor ever wanted her. He hasn't been in the picture before and even after she was born, it's been a little over two years now. He also wants to give up ALL his connection and responsibilities with her also involving paying child support. He is also not on her birth certif. What paperwork would he or I file and if he can't give up paying child support then can he still give up his rights to any kind of custody or visitations and not be considered her father?

Ugh!!
No one cannot give up his rights unless there is an another person who is willing to adopt the child... There is not such legal paperwork... he can sign notarized denial of his rights but it does not have any legal and court values.

Voluntary termination of parental rights is an option you can use without adoption.The cause in this case would be abandonment.
The law varies state by state and you need to petition the court,or rather he needs to petition the court.
Call your local Division of Child health or your county courthouse.
Who is on the birth certificate has no bearing as you can fill in anyone's name on that.
Best of luck.

Voluntary termination of parental rights is an option you can use without adoption.The cause in this case would be abandonment.
The law varies state by state and you need to petition the court,or rather he needs to petition the court.
Call your local Division of Child health or your county courthouse.
Who is on the birth certificate has no bearing as you can fill in anyone's name on that.
Best of luck.



Abandonment is leaving the child at a bus stop with no supervision. The child is not abandoned. The child is with the mother.

Of course, the OP can file a petition with the Court - I don't know how the Division of Child Health would enter into this - and see how it plays out.

As always with these threads - I don't understand the purpose of opening up this whole situation when the father has no contact anyway and could very well respond and be awarded, minimally, visitation and why the mother isn't pursuing the father tooth and nail for the child support to which the child is entitled.

Don't need/want the money? Put it in the bank for the child's college education.

But back to the question - use the "search" feature above, next to the AMHD and search "child abandonment."

My ex wants to give up his parental rights to our daugther that he has never met and hes not on the birth certif. I want him to give them up also and we both agreed on him not paying child support either. I do get medical and food stamps for my daugther will that affect anything? What forms or paperwork do I have to file so hes able to give up his rights?



Maybe you can answer a question I always have on these threads - why, rather than pursue the father for support, would you prefer to raise your child on food stamps and - I would assume you mean - medicaid?

And why isn't the State pursuing him because just maybe the taxpayers think he should support the child, not them - ?

Abandonment is leaving the child at a bus stop with no supervision. The child is not abandoned. The child is with the mother.


Not always Judy. My sister just won abandonment of her two daughters. The fathers have never been in their lives, nor did they pay support. In essence, while the mother, my sister, was in the picture, the fathers essentially abandoned them. In most states, for abandonment to be considered the parent must be out of the "picture" for a certain number of years, and not to be found while doing a reasonable search for the whereabouts of the missing parent.

Not always Judy. My sister just won abandonment of her two daughters. The fathers have never been in their lives, nor did they pay support. In essence, while the mother, my sister, was in the picture, the fathers essentially abandoned them. In most states, for abandonment to be considered the parent must be out of the "picture" for a certain number of years, and not to be found while doing a reasonable search for the whereabouts of the missing parent.



On it to see where this can happen. There very well may be hundreds of "wrong" answers on the Board.

<threads merged>

On it to see where this can happen.

The abandonment was won in NJ. Both daughters were born in Michigan, one father was from Michigan and just disappeared, the other was from NY and is suspected to have gone back to the Dominican Republic.

The thing is, with this case, is that it's NOT abandonment if she's in contact with him enough to know he wants to sign over his rights.

My guess is that he decided he wanted to sign them over when she went on public assistance and the state went after him for child support--paid directly to the state to compensate for the public assistance.

Either way, I read all the time about adopted kids with abandonment issues over being placed for adoption. I can just IMAGINE the issues that a child would have over their parent thinking they weren't worth anything more than a child support payment that they were able to get out of by being a jerk to the custodial parent.

If there are no abuse issues, you SHOULD nail the guy for child support. I certainly don't want to raise your kid with my taxes because the kid's dad found a way to get out of paying.

Circumstances That Are Grounds for Termination

Abandonment or Extreme Parental Disinterest

Abuse/Neglect

Felony Conviction/Incarceration

Failure of Reasonable Efforts

Abuse/Neglect or Loss of Rights of Another Child

Sexual Abuse

Failure to Maintain Contact

Failure to Provide Support

Child Judged in Need of Services/Dependent

Child's Best Interest

Felony assault of child or sibling

Murder/Manslaughter of sibling child

Child Abandonment.

(a) A person commits the offense of child abandonment when he or she, as a parent, guardian, or other person having physical custody or control of a child, without regard for the mental or physical health, safety, or welfare of that child, knowingly leaves that child who is under the age of 13 without supervision by a responsible person over the age of 14 for a period of 24 hours or more, except that a person does not commit the offense of child abandonment when he or she relinquishes a child in accordance with the Abandoned Newborn Infant Protection Act.

(b) For the purposes of determining whether the child was left without regard for the mental or physical health, safety, or welfare of that child, the trier of fact shall consider the following factors:

1. the age of the child;
2. the number of children left at the location;
3. special needs of the child, including whether the child is physically or mentally handicapped, or otherwise in need of ongoing prescribed medical treatment such as periodic doses of insulin or other medications;
4. the duration of time in which the child was left without supervision;
5. the condition and location of the place where the child was left without supervision;
6. the time of day or night when the child was left without supervision;
7. the weather conditions, including whether the child was left in a location with adequate protection from the natural elements such as adequate heat or light;
8. the location of the parent, guardian, or other person having physical custody or control of the child at the time the child was left without supervision, the physical distance the child was from the parent, guardian, or other person having physical custody or control of the child at the time the child was without supervision;
9. whether the child's movement was restricted, or the child was otherwise locked within a room or other structure;
10. Whether the child was given a phone number of a person or location to call in the event of an emergency and whether the child was capable of making an emergency call;
11. Whether there was food and other provision left for the child;
12. Whether any of the conduct is attributable to economic hardship or illness and the parent, guardian or other person having physical custody or control of the child made a good faith effort to provide for the health and safety of the child;
13. The age and physical and mental capabilities of the person or persons who provided supervision for the child;
14. Any other factor that would endanger the health or safety of that particular child;
15. Whether the child was left under the supervision of another person.

(c) Child abandonment is a Class 4 felony. A second or subsequent offense after a prior conviction is a Class 3 felony.

Circumstances That Are Grounds for Termination

Abandonment or Extreme Parental Disinterest

Abuse/Neglect

Felony Conviction/Incarceration

Failure of Reasonable Efforts

Abuse/Neglect or Loss of Rights of Another Child

Sexual Abuse

Failure to Maintain Contact

Failure to Provide Support

Child Judged in Need of Services/Dependent

Child's Best Interest

Felony assault of child or sibling

Murder/Manslaughter of sibling child



Could you post the site for this? I'd like to read the details and some of the case law and I can't find either.

OK- I am waiting for codes,statutes and court practice about it.

Dear Artlady
You are very mistaken about all legal terms.TPR and child abandonment ARE SEPARATE things

In most states, for abandonment to be considered the parent must be out of the "picture" for a certain number of years, and not to be found while doing a reasonable search for the whereabouts of the missing parent.

Wow-once more-give us some examples,please!

EXAMPLE:
Grounds for Termination of Parental Rights Arizona
Statute: §§ 8-846(B); 8-533

Circumstances That Are Grounds for Termination
Abandonment or Extreme Parental Disinterest

Abuse/Neglect

Mental Illness or Deficiency

Alcohol or Drug Induced Incapacity

Felony Conviction/Incarceration

Failure of Reasonable Efforts

Abuse/Neglect or Loss of Rights of Another Child
Sexual Abuse

Failure to Establish Paternity

Child Judged in Need of Services/Dependent

Child's Best Interest

Child in care 15 of 22 months (or less)

Felony assault of child or sibling

Murder/Manslaughter of sibling child

Circumstances That Are Not Grounds for Termination

Failure to Maintain Contact

Failure to Provide Support

Terminating Parental Rights (http://www.myoutofcontrolteen.com/mr-rights.html)

Perhaps this can explain better than I.

Terminating Parental Rights (http://www.myoutofcontrolteen.com/mr-rights.html)

Perhaps this can explain better than I.



Thanks, off to check -

GV70 disagrees: wow-once more-give us some examples,please!

The examples are my sister, Kristy (name changed) and her daughters Tiff and Sam. They have both since been adopted in New Jersey by my sister's new husband. The reason for abandonment was after a lengthy time (years actually) of trying to find the fathers, they were nowhere to be found and it was suspected they went back to Spain and the Dominican Republic.

Abandonment is leaving the child at a bus stop with no supervision. The child is not abandoned. The child is with the mother.

Of course, the OP can file a petition with the Court - I don't know how the Division of Child Health would enter into this - and see how it plays out.

As always with these threads - I don't understand the purpose of opening up this whole situation when the father has no contact anyway and could very well respond and be awarded, minimally, visitation and why the mother isn't pursuing the father tooth and nail for the child support to which the child is entitled.

Don't need/want the money? Put it in the bank for the child's college education.

But back to the question - use the "search" feature above, next to the AMHD and search "child abandonment."

I agree with JudyKayTee's definition of abandonment. Here is this problem when answering the questions put forth in this thread. Terminology!!

Abandonment is just that.. leaving the child without means. This is clearly not the case here the child is with the mother. There can be no charges of abandonment ( which is a criminal offense in most states )

What states are going with is desertion. That's the term by which states see it when someone refuses to support a child or spouse and its grounds for divorce in many states also.

Right now the father has no rights if he has never been taken to court to be declared the " legal " father and he isn't on the birth certificate either so again no rights. There is nothing to take away until it is given to him.

Let's have a look at some codes and statutes:
Arkansas
Circumstances That Are Grounds for Termination of Parental Rights § 9-27-341
The parent has abandoned the child.
...
The parent has willfully failed to provide significant material support in accordance with the parent's means.
The parent has failed to maintain meaningful contact with the child.

California
Circumstances That Are Grounds for Termination of Parental Rights Welf. & Inst. Code §§ 361; 361.5; 366.26
The parent has abandoned the child.
...
The parent has failed to visit or contact the child for 6 months

Delaware
Circumstances That Are Grounds for Termination of Parental Rights Tit. 13, § 1103
The parent has abandoned the child.
... ;
The parent has failed to support the child when financially able to do so.
• The parent has failed to maintain regular visitation, contact, or communication with the child.

I can give you examples about each state...

It is clear that in all states/ except two or three/ terms "abandonment" and "neglect"/failure to provide support and to maintain regular visitation/ ARE DIFFERENT TERMS.

Right now the father has no rights if he has never been taken to court to be declared the " legal " father and he isnt on the birth certificate either so again no rights. There is nothing to take away until it is given to him.


This is both right and wrong.

Biological fathers DO have parental rights. They just generally need to go to court to prove that they want to EXERCISE those rights.

In an adoption situation, unless the father cannot be found in a timely manner, he ALSO must sign over his parental rights. Why would he have to do that, if he doesn't HAVE them?

Again, I think the confusion is that he has parental rights, but may need to take the mother to court to be able to exercise those rights.

This is both right and wrong.

Biological fathers DO have parental rights. They just generally need to go to court to prove that they want to EXERCISE those rights.

In an adoption situation, unless the father cannot be found in a timely manner, he ALSO must sign over his parental rights. Why would he have to do that, if he doesn't HAVE them?

Again, I think the confusion is that he has parental rights, but may need to take the mother to court to be able to exercise those rights.

Your correct in the " basic " sense of rights to a parent. But as far as the law goes he doesn't have rights till he is declared to have them ( yes he would have to fight for those rights to be granted ) and in the case of adoption he would first have to be proven the legal father in order to turn those rights over. Otherwise at this time as far as the law goes its father " unknown ".

Having gone through an adoption from the biological parent side---we were told that he HAD to give up his rights.

Listing a father as "unknown" on the birth certificate wasn't going to fly, because that's how lawsuits about whether an adoption is legal because the father wasn't contacted start.

So I'll reiterate: He may not have custody or visitation, and he may or may not be paying child support, but there's no way in hell that the mother can place the child for adoption without his consent.