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    smburns5's Avatar
    smburns5 Posts: 3, Reputation: 1
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    #1

    Dec 18, 2008, 11:39 PM
    My ex wants to give up his parental rights what does it take?
    My ex wants to give up his parental rights to our daugther that he has never met and he's not on the birth certif. I want him to give them up also and we both agreed on him not paying child support either. I do get medical and food stamps for my daugther will that affect anything? What forms or paperwork do I have to file so he's able to give up his rights?
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #2

    Dec 19, 2008, 12:05 AM
    Quote Originally Posted by smburns5 View Post
    My ex wants to give up his parental rights to our daugther that he has never met and hes not on the birth certif. I want him to give them up also and we both agreed on him not paying child support either. I do get medical and food stamps for my daugther will that affect anything? What forms or paperwork do I have to file so hes able to give up his rights?
    He CANNOT give up his rights... he can choose not to exercise them
    The child support payments are for the child's needs not for mother's needs.
    If you are about receiving stamps the State and all taxpayers have to be compensated by CSP .
    smburns5's Avatar
    smburns5 Posts: 3, Reputation: 1
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    #3

    Dec 19, 2008, 12:33 AM
    Can a father give up his parental rights and what does it take?
    My ex has never met his daughter nor ever wanted her. He hasn't been in the picture before and even after she was born, it's been a little over two years now. He also wants to give up ALL his connection and responsibilities with her also involving paying child support. He is also not on her birth certif. What paperwork would he or I file and if he can't give up paying child support then can he still give up his rights to any kind of custody or visitations and not be considered her father?
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #4

    Dec 19, 2008, 12:54 AM

    Please do not post many threads!
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #5

    Dec 19, 2008, 03:20 AM
    Quote Originally Posted by smburns5 View Post
    My ex has never met his daughter nor ever wanted her. He hasn't been in the picture before and even after she was born, it's been a little over two years now. He also wants to give up ALL his connection and responsibilities with her also involving paying child support. He is also not on her birth certif. What paperwork would he or I file and if he can't give up paying child support then can he still give up his rights to any kind of custody or visitations and not be considered her father?
    Ugh!!
    No one cannot give up his rights unless there is an another person who is willing to adopt the child... There is not such legal paperwork... he can sign notarized denial of his rights but it does not have any legal and court values.
    artlady's Avatar
    artlady Posts: 4,208, Reputation: 1477
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    #6

    Dec 19, 2008, 04:18 AM

    Voluntary termination of parental rights is an option you can use without adoption.The cause in this case would be abandonment.
    The law varies state by state and you need to petition the court,or rather he needs to petition the court.
    Call your local Division of Child health or your county courthouse.
    Who is on the birth certificate has no bearing as you can fill in anyone's name on that.
    Best of luck.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Dec 19, 2008, 07:20 AM
    Quote Originally Posted by artlady View Post
    Voluntary termination of parental rights is an option you can use without adoption.The cause in this case would be abandonment.
    The law varies state by state and you need to petition the court,or rather he needs to petition the court.
    Call your local Division of Child health or your county courthouse.
    Who is on the birth certificate has no bearing as you can fill in anyone's name on that.
    Best of luck.


    Abandonment is leaving the child at a bus stop with no supervision. The child is not abandoned. The child is with the mother.

    Of course, the OP can file a petition with the Court - I don't know how the Division of Child Health would enter into this - and see how it plays out.

    As always with these threads - I don't understand the purpose of opening up this whole situation when the father has no contact anyway and could very well respond and be awarded, minimally, visitation and why the mother isn't pursuing the father tooth and nail for the child support to which the child is entitled.

    Don't need/want the money? Put it in the bank for the child's college education.

    But back to the question - use the "search" feature above, next to the AMHD and search "child abandonment."
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Dec 19, 2008, 07:23 AM
    Quote Originally Posted by smburns5 View Post
    My ex wants to give up his parental rights to our daugther that he has never met and hes not on the birth certif. I want him to give them up also and we both agreed on him not paying child support either. I do get medical and food stamps for my daugther will that affect anything? What forms or paperwork do I have to file so hes able to give up his rights?


    Maybe you can answer a question I always have on these threads - why, rather than pursue the father for support, would you prefer to raise your child on food stamps and - I would assume you mean - medicaid?

    And why isn't the State pursuing him because just maybe the taxpayers think he should support the child, not them - ?
    J_9's Avatar
    J_9 Posts: 40,293, Reputation: 5645
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    #9

    Dec 19, 2008, 07:24 AM
    Quote Originally Posted by JudyKayTee View Post
    Abandonment is leaving the child at a bus stop with no supervision. The child is not abandoned. The child is with the mother.
    Not always Judy. My sister just won abandonment of her two daughters. The fathers have never been in their lives, nor did they pay support. In essence, while the mother, my sister, was in the picture, the fathers essentially abandoned them. In most states, for abandonment to be considered the parent must be out of the "picture" for a certain number of years, and not to be found while doing a reasonable search for the whereabouts of the missing parent.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #10

    Dec 19, 2008, 07:26 AM
    Quote Originally Posted by J_9 View Post
    Not always Judy. My sister just won abandonment of her two daughters. The fathers have never been in their lives, nor did they pay support. In essence, while the mother, my sister, was in the picture, the fathers essentially abandoned them. In most states, for abandonment to be considered the parent must be out of the "picture" for a certain number of years, and not to be found while doing a reasonable search for the whereabouts of the missing parent.


    On it to see where this can happen. There very well may be hundreds of "wrong" answers on the Board.
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    J_9 Posts: 40,293, Reputation: 5645
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    #11

    Dec 19, 2008, 07:26 AM
    <threads merged>
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    J_9 Posts: 40,293, Reputation: 5645
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    #12

    Dec 19, 2008, 07:28 AM
    Quote Originally Posted by JudyKayTee View Post
    On it to see where this can happen.
    The abandonment was won in NJ. Both daughters were born in Michigan, one father was from Michigan and just disappeared, the other was from NY and is suspected to have gone back to the Dominican Republic.
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #13

    Dec 19, 2008, 07:42 AM

    The thing is, with this case, is that it's NOT abandonment if she's in contact with him enough to know he wants to sign over his rights.

    My guess is that he decided he wanted to sign them over when she went on public assistance and the state went after him for child support--paid directly to the state to compensate for the public assistance.

    Either way, I read all the time about adopted kids with abandonment issues over being placed for adoption. I can just IMAGINE the issues that a child would have over their parent thinking they weren't worth anything more than a child support payment that they were able to get out of by being a jerk to the custodial parent.

    If there are no abuse issues, you SHOULD nail the guy for child support. I certainly don't want to raise your kid with my taxes because the kid's dad found a way to get out of paying.
    artlady's Avatar
    artlady Posts: 4,208, Reputation: 1477
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    #14

    Dec 19, 2008, 08:26 AM

    Circumstances That Are Grounds for Termination

    Abandonment or Extreme Parental Disinterest

    Abuse/Neglect

    Felony Conviction/Incarceration

    Failure of Reasonable Efforts

    Abuse/Neglect or Loss of Rights of Another Child

    Sexual Abuse

    Failure to Maintain Contact

    Failure to Provide Support

    Child Judged in Need of Services/Dependent

    Child's Best Interest

    Felony assault of child or sibling

    Murder/Manslaughter of sibling child
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #15

    Dec 19, 2008, 11:42 AM

    Child Abandonment.

    (a) A person commits the offense of child abandonment when he or she, as a parent, guardian, or other person having physical custody or control of a child, without regard for the mental or physical health, safety, or welfare of that child, knowingly leaves that child who is under the age of 13 without supervision by a responsible person over the age of 14 for a period of 24 hours or more, except that a person does not commit the offense of child abandonment when he or she relinquishes a child in accordance with the Abandoned Newborn Infant Protection Act.

    (b) For the purposes of determining whether the child was left without regard for the mental or physical health, safety, or welfare of that child, the trier of fact shall consider the following factors:

    1. the age of the child;
    2. the number of children left at the location;
    3. special needs of the child, including whether the child is physically or mentally handicapped, or otherwise in need of ongoing prescribed medical treatment such as periodic doses of insulin or other medications;
    4. the duration of time in which the child was left without supervision;
    5. the condition and location of the place where the child was left without supervision;
    6. the time of day or night when the child was left without supervision;
    7. the weather conditions, including whether the child was left in a location with adequate protection from the natural elements such as adequate heat or light;
    8. the location of the parent, guardian, or other person having physical custody or control of the child at the time the child was left without supervision, the physical distance the child was from the parent, guardian, or other person having physical custody or control of the child at the time the child was without supervision;
    9. whether the child's movement was restricted, or the child was otherwise locked within a room or other structure;
    10. Whether the child was given a phone number of a person or location to call in the event of an emergency and whether the child was capable of making an emergency call;
    11. Whether there was food and other provision left for the child;
    12. Whether any of the conduct is attributable to economic hardship or illness and the parent, guardian or other person having physical custody or control of the child made a good faith effort to provide for the health and safety of the child;
    13. The age and physical and mental capabilities of the person or persons who provided supervision for the child;
    14. Any other factor that would endanger the health or safety of that particular child;
    15. Whether the child was left under the supervision of another person.

    (c) Child abandonment is a Class 4 felony. A second or subsequent offense after a prior conviction is a Class 3 felony.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #16

    Dec 19, 2008, 11:47 AM
    Quote Originally Posted by artlady View Post
    Circumstances That Are Grounds for Termination

    Abandonment or Extreme Parental Disinterest

    Abuse/Neglect

    Felony Conviction/Incarceration

    Failure of Reasonable Efforts

    Abuse/Neglect or Loss of Rights of Another Child

    Sexual Abuse

    Failure to Maintain Contact

    Failure to Provide Support

    Child Judged in Need of Services/Dependent

    Child's Best Interest

    Felony assault of child or sibling

    Murder/Manslaughter of sibling child


    Could you post the site for this? I'd like to read the details and some of the case law and I can't find either.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #17

    Dec 19, 2008, 11:51 AM

    OK- I am waiting for codes,statutes and court practice about it.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #18

    Dec 19, 2008, 11:53 AM

    Dear Artlady
    You are very mistaken about all legal terms.TPR and child abandonment ARE SEPARATE things
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #19

    Dec 19, 2008, 12:12 PM
    Quote Originally Posted by J_9 View Post
    In most states, for abandonment to be considered the parent must be out of the "picture" for a certain number of years, and not to be found while doing a reasonable search for the whereabouts of the missing parent.
    Wow-once more-give us some examples,please!
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #20

    Dec 19, 2008, 12:30 PM

    EXAMPLE:
    Grounds for Termination of Parental Rights Arizona
    Statute: 8-846(B); 8-533

    Circumstances That Are Grounds for Termination
    Abandonment or Extreme Parental Disinterest

    Abuse/Neglect

    Mental Illness or Deficiency

    Alcohol or Drug Induced Incapacity

    Felony Conviction/Incarceration

    Failure of Reasonable Efforts

    Abuse/Neglect or Loss of Rights of Another Child
    Sexual Abuse

    Failure to Establish Paternity

    Child Judged in Need of Services/Dependent

    Child's Best Interest

    Child in care 15 of 22 months (or less)

    Felony assault of child or sibling

    Murder/Manslaughter of sibling child

    Circumstances That Are Not Grounds for Termination

    Failure to Maintain Contact

    Failure to Provide Support

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