View Full Version : How to relinquish custodial rights
Irresponsible in Alabama
Jan 4, 2010, 03:50 PM
My son plans to marry a girl who was in the military when she became pregnant with her daughter, who is now 5. The biological father's name is on the birth certificate and the child carries his last name. The biological father (still in the military) has never had anything to do with the little girl and the mother has never sought child support. Recently, she claimed to have gone to court and allowed the biological father to relinquish his parental rights, so that my son can adopt her when they get married. If my son adopts the little girl, can the biological father be responsible for child support? If my son does not marry or adopt the child, can the biological father be held responsible for child support? If my son marries this girl and it does not work out, who is responsible for caring for financially supporting this child? If the mother's claims are true, and she allowed the biological father to relinquish his rights, does this alleviate him from financial responsibility? Shouldn't she have a signed court order? The mother, is currently in Alabama and the biological father is supposedly in Special Ops. Why would a mom be so irresponsible and not hold the father accountable by seeking child support, which is the child's right? She has based her decision to allow the biological father to relinquish his rights, in anticipation of marrying my son. At the time she claims to have done this, they were not engaged. She also has another child that she receives child support for.
cdad
Jan 4, 2010, 06:16 PM
OK slow down. Unless you can see a court order granting it and not just someone's word or a piece of paper that isn't a court document. Then lets not try to jump ahead here. First thing is it is very difficult to relinquish rights without having another to step in ( the State or Adoption) so its unlikely she had his rights removed. See the sticky at the top of the forum. Depending on how his rights were removed ( if it is the case ) then the bio parent may or may not be responsible for child support depending on how the order is written and where it took place. In general in an adoption the support obligation ends for one and begins for another ( the adopting parent ). That way the courts are in keeping with best interest of the child and allowing both parents to support the child.
Ref:
https://www.askmehelpdesk.com/family-law/signing-over-rights-read-first-116098.html
Irresponsible in Alabama
Jan 4, 2010, 09:21 PM
Thanks for confirming what I knew to be true. This lady claims to have relinquished the bio dad's rights, based on the idea that my son will marry her and adopt her daughter, She is truly irresponsible, and I believe is not forth coming with the truth. I can't imagine a military officer, relinquishing his rights because he does not want to pay child support and has not done so for the past 5 years. This information goes on his permanent record. As a former member of the military, she certainly knows, if she seeks child support, t is granted if the child is proven to be his. The only thing I can surmise from her actions is that she is unsure of the true bio dad and the man on the birth certificate is not the true bio dad. Otherwise, why would a woman seek child support from one date and not the other, especially when he is not paying freely. Thanks again for your assistance.
GV70
Jan 4, 2010, 09:29 PM
If my son adopts the little girl, can the biological father be responsible for child support?
No.
If my son does not marry or adopt the child, can the biological father be held responsible for child support?
Yes
If my son marries this girl and it does not work out, who is responsible for caring for financially supporting this child?
As long as your son is married to that woman he would be held responsible for support as stepparent.
Why would a mom be so irresponsible and not hold the father accountable by seeking child support, which is the child's right?
Ask her.:)
Irresponsible in Alabama
Jan 4, 2010, 09:50 PM
Thanks so much for your response. If I ask her she will only lie.