My wife is refusing to allow visitation. I am obligated to pay child support. I would like to file a petition that would take my parental rights and releave me of child support obligation. In Georgia, what is the procedure... thank you.

Why don't you go to family court and file for joint custody/visitation?
Why hurt your kid to spite your wife?

I filed for change of custody. Guardian Ed Litem was appointed who recommended that in spite of mother's smoking in the presence of asthma suffering children, in spite of mother's refusing to allow one of the children to receive educational help from the school as he was tested and diagnosed as learning disabled, despite of mother not allowing visitation for over one year the children to remain with her. All this was counter to a court order requireing regular visitaions. The mother said she can do anything she wants in a Joint Legal Custody court order if she has physical custody... thanks for your advice...

If visitation was established and she is refusing it, go back to court and request that they rule her in contempt of court.

As for the procedure to relinquish your rights and support obligation... there are none. You cant.

Yeah you have to go back to court and tell them she is in violation and have the order enforced.

How do you get out of your parental obligations (child support)?

You have two choices!

1. You wait until the child is an adult and you are no longer obligated.
2. You build a time machine, go back in time, and keep your pants on this time.

(sorry to be tongue-in-cheek, but there are literally THOUSANDS of people in jail for not paying child support. Don't you think that if they could just POOF! Sign away their rights that they would have done so?)

No court is going to allow you to "opt-out." your former spouse could seek to have your rights terminated, and you could consent, but she would be giving up her right to seek child support from you (current, arrears, or future). I doubt she'd do that.

If you don't have visitation rights, you should get some. If you have them and they aren't being permitted, you should bring a contempt action against her.

no court is going to allow you to "opt-out." your former spouse could seek to have your rights terminated, and you could consent, but she would be giving up her right to seek child support from you (current, arrears, or future). i doubt she'd do that.

if you don't have visitation rights, you should get some. if you have them and they aren't being permitted, you should bring a contempt action against her.


Please give the State you are addressing. In almost all States even if rights are terminated that parent is STILL responsible for paying child support.

I would like to know where you can voluntarily terminate and the other parent waives all past, current, future child support. This question is asked all the time.

I probably won't answer any more questions. Apparently I've ruffled your feathers, so I'll not return here. Congratulations.

I will respond quickly: the question asked about Georgia. I answered the question.

Oh, by the way, since you like to refer people to the rules:

11. Do not quote a previous post unless your post would be confusing otherwise.

I probably won't answer any more questions. Apparently I've ruffled your feathers, so I'll not return here. Congratulations.

I will respond quickly: the question asked about Georgia. I answered the question.


I notice on one thread you make reference to not being welcome because non-Lawyers give the preferred advice; on another you say you are not an Attorney.

Which is it?

And as I said on your other post - this question is asked all the time. Please give the law which states that a person can terminate the relationship and not be responsible for child support without an adoption taking place.

You wrote that I claim I'm "not an Attorney."

Where did I do that?

As for your question about "the law which states that a person can terminate the relationship and not be responsible for child support without an adoption taking place," go find it yourself.

your former spouse could seek to have your rights terminated, and you could consent,...

The former spouse could seek to have the other parent's parental rights terminated if the parent posed a danger or threat to the child; not just because they agree upon it.

There is a sticky at the top of this forum that clearly states parental rights can be terminated in order to clear the way for adoption but this is not the case here.

OP, exercise your rights for visitation in court if your ex isn't cooperating.

Yes, but that was not what OP was talking about. Sounded like he wanted a way out of child support. Didn't sound like anybody was a threat. Where did you read that?

If you thoroughly read my post and notice I said "if the other parent posed a danger not just because they agree upon it." That would be a situation that one parent could seek to have the other's rights cut off.

Your post implies that if the parents agree on terminating one's parental rights then it's a done deal and that is simply not true.

Nobody said it's a done deal. I said SEEK TO MODIFY CUSTODY.

Who would think that it didn't require a judge? People on here are not that stupid.

nobody said it's a done deal. i said SEEK TO MODIFY CUSTODY.

who would think that it didn't require a judge? people on here are not that stupid.

Nowhere in your post (which Judy quoted) says anything about modifying custody... which isn't the question here. The question the OP is asking is terminating his parental rights for the sake of skirting child support which you did say could be done if both parties were in agreement. Incorrect legal advice.

This is the jailhouse legal forum.

But since you pressed me, stick this in your (er uh) pipe and smoke it:

15-11-94
...
The court, by order, may terminate the parental rights of a parent with respect to the parent's child if:
The written consent of the parent, acknowledged before the court, has been given.

The court still has to make a finding that the termination is in the best interest of the child. Of course if the noncustodial parent is not visiting, not paying, etc. it wouldn't be much of a stretch to find the best interest standard met.

this is the jailhouse legal forum.

but since you pressed me, stick this in your (er uh) pipe and smoke it:

15-11-94
...
The court, by order, may terminate the parental rights of a parent with respect to the parent's child if:
The written consent of the parent, acknowledged before the court, has been given.

The court still has to make a finding that the termination is in the best interest of the child. Of course if the noncustodial parent is not visiting, not paying, etc., it wouldn't be much of a stretch to find the best interest standard met.

Please cite one case where termination has been given where

A) the parent was not found to be a danger to the child or incarcerated
B) the custodial parent was not seeking a stepparent adoption

Yes, it IS a stretch.

I should say do your own legal research, but I'll humor you:

To find the forms necessary to file this yourself, Georgia has 159 counties (georgia.gov - List of counties (http://www.georgia.gov/00/topic_index_channel/0,2092,4802_5083,00.html)), and you'll have to call the clerk of superior court in each county (GSCCCA.org - Superior Court Clerks - Search by County_Name (http://www.gsccca.org/clerks/)) and have them pull termination of parental rights cases to find one that was granted by consent of the parties.

Georgia law recognizes a voluntary contract releasing parental rights. See 19-7-1. a parent can, by voluntary relinquishment, contract away his or her parental rights. See also Columbus v. Gaines, 253 Ga. 518 (1984). In that case, my dear doubting thomas, the court found "that the father had contracted away his parental rights to another aunt, thereby becoming estopped to claim parental rights."

19-7-1 provides "(b) Parental power shall be lost by: (1) Voluntary contract releasing the right"

i should say do your own legal research, but i'll humor you:

to find the forms necessary to file this yourself, georgia has 159 counties (georgia.gov - List of counties (http://www.georgia.gov/00/topic_index_channel/0,2092,4802_5083,00.html)), and you'll have to call the clerk of superior court in each county (GSCCCA.org - Superior Court Clerks - Search by County_Name (http://www.gsccca.org/clerks/)) and have them pull termination of parental rights cases to find one that was granted by consent of the parties.

georgia law recognizes a voluntary contract releasing parental rights. see 19-7-1. a parent can, by voluntary relinquishment, contract away his or her parental rights. see also Columbus v. Gaines, 253 Ga. 518 (1984). in that case, my dear doubting thomas, the court found "that the father had contracted away his parental rights to another aunt, thereby becoming estopped to claim parental rights."

19-7-1 provides "(b) Parental power shall be lost by: (1) Voluntary contract releasing the right"

Could it be that yet again we are talking only parts of the story ?

Here again we are talking about a case that involved a state agency and also had caus to show that staying with the father was not in the child's best interest. Abandonment was filed against the father. There was another parent figure ( an aunt ) that was willing to take the child. This situation wasn't voluntary at all.

I believe this is the case that you had quoted ?
Browse Caselaw (http://www.lawskills.com/case/ga/id/622/5/index.html)

Columbus vs Gaines

I probably won't answer any more questions. Apparently I've ruffled your feathers, so I'll not return here. Congratulations.

I will respond quickly: the question asked about Georgia. I answered the question.

I'm going to try this once again. First I searched through your posts and didn't find any post where you said you were not a lawyer. I did find a couple of posts where you indicated you were. So I'm not sure what was being referred to but it seems a mistake was made there.

However, you seem to gotten off on the wrong foot. After reviewing your posts, it appears that you have taken offense in several threads where no offense was intended.

The custom on this site, especially when giving specific legal advice is to provide a link or cite to support that advice. You did not do this in a few posts so you were asked to provide that info. Instead of doing so, you took offense and became argumentative. What is worse, is that your posts were not too clear on the law and so were ambiguous which made them not very helpful. Notice my response to the thread about a child choosing which parent. That's how you should have responded to the question.

Anyone's advice is welcome here as long as its accurate and helpful. If you follow the rules and customs of this site them you won't run afoul of the other members as YOU have done. I will also add that you answers in this thread and the other I mentioned were not very good in applying the law to the OP's situation.

So, if you decide to no longer participate on this site, that is your decision. As a new member it would have made more sense to try and get a sense of how this site works before jumping in. But if you want to continue to contribute, you will be welcome as long as you watch the accuracy of your response, provide cites where applicable and stop fighting with other members.