View Full Version : What do I need to do now? How to get his rights relinquished
singlemommaof3
May 26, 2009, 08:40 AM
Ive convinced the other parent of my children to relinquish his rights to my boys. Hes not mentally stable I fear and the thought of my children having visits with him alone is nauseating. I want him to sign so they don't have to go visit, so he can't decide what I can and can not do with them. He doesn't care, he just likes to make things harder. He has admitted such. Is this how it works? IF he does sign the papers,, does it mean he can't seek visitation. And he does owe child support and I am on government assistant. I realize this complicates it. IF I prove he's a danger, will that work? What do I need to get this done? Can it even be done? I'm young, I'm scared for my small children and their safety every day. Someone please help me. Yes I read the other posts about relinquishing rights, but it didn't answer everything I need. Thank you to all who try to answer my questions, you'll never know how appreciated it is...
ScottGem
May 26, 2009, 08:51 AM
Ive convinced the other parent of my children to relinquish his rights to my boys. ... Yes i read the other posts about relinquishing rights, but it didn't answer everything i need. Thank you to all who try to answer my questions, you'll never know how appreciated it is.....
If you read the other posts as you said, then you would not have wasted your time trying to convince him to relinquish his rights. The other posts say, over and over, that courts will not terminate rights except to clear the way for an adoption or if the parent represents a danger to the child.
Now your statement that he is "not mentally stable" may qualify as a danger, but you don't need his agreement, you need the testimony of a psychologist that he represents such a danger. Even then the courts may not issue a TPR, but they would probably restrict visitation to only supervised vists or no visits.
As to child support, this depends on your location. A court will not grant a TPR if it also means terminating support, except in extreme circumstances. Some states say that a TPR covers both rights and responsiubilities, others that it only covers rights.
Bottomline is that you should consult a Family Law attorney in your area to find out what your options are.
cdad
May 26, 2009, 03:17 PM
First off how many children are we talking about ? Has there been any changes in him recently like drug addiction etc ? All of that might weigh into a decision by the courts.
Fr_Chuck
May 26, 2009, 07:08 PM
You can get him to sign new custody papers that does not give him any visits or say, he can sign them. He can of course latter go back to court and ask for visits if he wants.
If he is a true danger to the children, not just that you think so, but real proof, drug use, gang member, serious mental disorder that is not treated, you may get his rights taken away, but it is hard and he can not just sign it, proof has to be given in court that the court accepts.
It will depend on many factors about support.