View Full Version : My Son is my Sunshine, I would like sole parental rights
NatalieBell1979
Feb 17, 2007, 08:47 AM
I am the proud single mother of a beautiful two year old boy who is my Sunshine. His birth father has little to no involvement in his life by his own choice, and doesn't contribute to my Sons basic needs so I would like him so sign documentation to his terminate his parental rights. My question is how would I go about obtaining these documents? Also I would like to include termination of any financial responsibility as well because I would like no connection with this person, how can I do this? I guess I feel a little lost when it comes to this kind of thing. Thanks for you assistance :)
ScottGem
Feb 17, 2007, 08:52 AM
First I caution against this. The father should be contributing to the financial support of his child. Second, you cannot force him to give up parental rights. Also relinquishing those rights does not change financial responsibility.
But if the father is not involving himself, and you aren't trying to get him involved, why do you need to do anything?
NatalieBell1979
Feb 17, 2007, 10:15 AM
Well actually he did agree with signing the paperwork so it isn't forced. He does have limited involment however he doesn't need any involment at all and should have no right to my Son. This is a man who has two children before mine ( that I didn't know about) and one after mine and he should focus on them. I do appreciate you input though :)
Fr_Chuck
Feb 17, 2007, 10:21 AM
In general it will have to be approved by the court, not just signed by him, and in general the court will not allow him to give away his child support obligation, since the state has an interest in it, if you or the child for any reason received any government assistance now or in the future ( and you can't tell the future) the government holds the right to go after him for repayment
So while he can sign visitation rights away, normally he will not be allowed to give away any support obligations.
But you can hire an attorney and take him to court and try.
NatalieBell1979
Feb 17, 2007, 11:08 AM
Thanks for the information. I was sure it had to go through the court just didn't know they would still require him to pay support. Well may I ask if someone else adopts my son he doesn't have to pay support then does he?
valinors_sorrow
Feb 17, 2007, 11:23 AM
You have some good information here that I would only add this: Its been my observation that many courts are extremely reluctant to severe parent from child quite that completely even in some pretty bad circumstances where there is much more incentive to do so. They tend to more so when both parents fail and the child becomes a ward of the court. While it could be really beneficial to a child if the custodial parent could arrange for the other bad parent to be out, and a replacement good parent to be in... courts are extremely cautious and tedious in yielding those arrangements. They tend to take the child's interest first, their's second and your's last, to be blunt about it. You might want to seek the help of an local attorney who better understands this complicated issue and your local court's track record about it. It differs from state to state a bit too. Like Scott said, it could be that doing nothing for now serves you best but only a free initial consultation with an attorney will confirm that. I hope this helps.
NatalieBell1979
Feb 17, 2007, 01:42 PM
Thanks is something to think about.
Fr_Chuck
Feb 17, 2007, 01:51 PM
Yes, I will say each court, and each judge in each court is different, VERY differnet, I got a judge from... one time, no man was worth the air they were breathing, you could have gotten her to send the father to prison just for being a man. ( well maybe not really)
But in general if you have a step parent wanting to adopt, then it is much easer for them to allow him to give away his rights and his obligations, since someone else is now taking that responsibility.
ScottGem
Feb 17, 2007, 04:13 PM
As Chuck mentioned, If you marry and your husband wishes to adopt, that is the usual instance where a relinsuishment is granted.
Another point to consider. How is your son going to feel when he gets older and found out YOU were responsible for removing his father from his life? Do you want to risk that? If he finds out it was the father's choice, not yours, there will be different feelings.