Hello,

I live in Georgia, and my husband and I are in the process of getting a divorce. We have been separated for over a year. We have two children, and we both agree that it is in the best interest of the children that he give up his parental rights to them. From what I understand in Georgia a parent can voluntarily give up his rights fairly easily.

Can you tell me what the proper procedure is for him to do that? I keep getting various answers. Can he just go to the family court in his county and file a notarized statement saying that he wants to give his rights up?

Thank you!

What do you mean by "his rights"?

You can't give up parental rights all you can do is go for full custody. There really aren't any rights he can give up or needs to give up as long as you are in mutual agreement. You can write up an agreement and have it notarized that you both agree that the terms are mutual, but you don't just sign rights away.

From what I understand in Georgia a parent can voluntarily give up his rights fairly easily.

And where do you get this understanding? Because it is totally inaccurate. This site had thousands of similar questions and the bottom line is the ability of a parent to just relinquish their parental rights is a myth. Only a court can terminate parental rights. And courts are very reluctant to do so. They will generally do so only to clear they way for an adoption or if the parent is a danger to the child.

On the other hand, a parent can relinquish any claims to custody of their children. And that can be done fairly easily. Its simply part of the divorce settlement. And even if it wasn't a parent can't be forced to be a parent. They can't be forced to spend time with their children, or pay any attention to them.

However, a parent can be forced to support their children by way of a child support award.

I have to ask though, why you would think it in the best interest of the children? Did he do something to harm them?