If the father of my child that was born out of wedlock, is willing to relinquish hisparental rights under the conition that all child support arrears owed is waived and any future financial responsibility is terminated and I agree, what legal form do we need to do that?

Hello a:

There are no forms for that. The courts can't make him a father but they won't let him forgo his parental responsibility. He's also going to keep his RIGHTS. So, to avoid him NOT paying you for 10 years, and THEN deciding that he wants to be a part of your child's life, he can... So, I don't know WHY you want to do that... At a minimum $100 a month, you're turning DOWN at least $20,000. That'll buy a LOT of diapers.

excon

If the father of my child that was born out of wedlock, is willing to relinquish his parental rights under the conition that all child support arrears owed is waived and any future financial responsibility is terminated and I agree, what legal form do we need to do that? By the way I am married now and my husband would like to legally adopt my son. So we are not just talking about a reliquishment, there would also be an adoption taking place too.

Evidently you didn't read this (https://www.askmehelpdesk.com/family-law/signing-over-rights-read-first-116098.html).

Please don't ask the same question in two different threads.

If there is adoption consent form, for us to locate it you would have to tell us what state you are in.

So we are not just talking about a reliquishment, there would also be an adoption taking place too.Hello again, a:

Please keep all your posts regarding the same issue on ONE thread... Plus, it doesn't help when you keep changing the facts too...

Apply for the adoption FIRST, and the question about your ex's rights will come up in the natural course of that procedure...

excon

If the father of my child that was born out of wedlock, is willing to relinquish hisparental rights under the conition that all child support arrears owed is waived and any future financial responsibility is terminated and I agree, what legal form do we need to do that?

The form you would need is called an adoption form. If there is someone who is adopting your child then the courts may allow it. If there is no one wanting to adopt then forget about it.

Please do not start a new thread with additional info, Use the Answer options to add follow-up. Your threads have been merged.

As noted, if an adoption is taken place, then this all happens as part of the adoption process. You need to retain an attorney to prepare the adoption paperwork. The attorney will work up an agreement for you and the father to sign that would have him agree to the adoption and you agreeing to waive the arrears. The future responsibility is automatically ended when the child is adopted since the adoptive parent assumes all responsibility.

However, this agreement needs to be ratified by the court and there is a possibility they will not do it. This is especially true, if you had to get public assistance because of a lack of child support. The state will want to be reimbursed. Its also possible the court will see this as a blackmail attempt on his part.

What is the current status of support? Is he paying anything? Is support being deducted from his pay or otherwise collected by a state agency?

Thank you, and sorry about the two threads. We are both residence of Oregon, I am in Clackamas county and he is in Multnomah county. Do the adoption consent forms have a place in them that will provide the relief to the fathers for arrears? Thanku

Yes, that is correct. There would be an adoption by my husband.

He owes just a little over 20 grand and is not making payments right now, unemployed. I have received public assistance for 13 years now. That is the age of our son.

First, please don't use the Comments feature for followups. Use the Answer options instead.

I don't believe there are any standard forms for this. There may be guidelines for the wording of an adoption petition, but its not like a fill-in-the-blanks form. Also the Relinquishment would be a separate document as an addendum to the petition.

As I said, if you received public assistance, you may not be able to waive the arrears. It is imperative that you have an attorney prepare the paperwork. If he is going to refuse to sign unless he gets the waiver, you need to show that its not you denying the waiver.

Do the adoption consent forms have a place in them that will provide the relief to the fathers for arrears? ThankuHello again, ann:

It seems as though my main purpose here is to tell people WHEN they need a lawyer, and WHEN they don't. I'm NOT into paying zillions of dollars for doing stuff that I can do myself... There are MANY procedures where a lay person doesn't need a lawyer... Adoption ISN'T one of those... There are TOO many life altering decisions that have to be made..

excon

I'm involved in the adoption community for various reasons, and I have this to say to too many people regarding adoption:

You CAN set a bone or treat bronchitis without a doctor, but don't you agree that it's pretty stupid to do so? You CAN prepare adoption paperwork without a lawyer, but I guarantee that SOMETHING will be missed when you do so that will cause problems down the line.

Get a lawyer. For adoption, you NEED one.

... I don't believe there are any standard forms for this. There may be guidelines for the wording of an adoption petition, but its not like a fill-in-the-blanks form. ...

Appears not:




I don't see the form you will need online. I believe you would file in Clackamas County.

index (http://courts.oregon.gov/OJD/courts/circuit/index.page?)

forms (http://courts.oregon.gov/Clackamas/Forms.page?)

Since there is no form (fill in the blank) for requesting for the arrears to be waived, what should I title the paper that I am going to sign showing that I do not contest to the arrears of child support being waived? That is how I plan on stating my position on paper to submitt along with the adoption paper work. Would this document be titled adendum and/or would it be and adendum to th relinqusihment paper work or the adoption petition? Thank you

Again, Please don't start a new thread for the same issue. I've merged your threads again.

But I wonder at someone who comes online to a site like this, asks for advice and when they get several people giving them the Same advice, they ignore it. That's what you have done here.

At least 4 responses told you that you NEED an attorney to prepare the adoption petition. Yet you clearly seem to want to do this yourself. You have a special circumstance here because you collected public assistance. That means the state is involved and they may not allow you to waive the arrears. Or, you may wind up saddling your husband with reimbursing the state!

DO NOT try to do this yourself. I can understand that you may not think you can afford an attorney, but you can't afford NOT to have one in this instance. Have you tried shopping around, it may not be as expensive as you think. At the very least, try a local law school. Many have clinics that will at least help you prepare the paperwork properly.