Is there just a document that can be signed and notarized for the father to give up parental rights. Or do I need to hire an attorney?

You need an attorney.

What is the purpose of him signing his rights away?

Because he hasn't and doesn't want to be in our son's life and hasn't for the last 7 and half years. I'm married and my son has asked if my husband would adopt him.

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Originally Posted by PamelaF29

Because he hasn't and doesn't want to be in our son's life and hasn't for the last 7 and half years. I'm married and my son has asked if my husband would adopt him.

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A lot depends on the State - you would have to petition for adoption, the father would have to agree to the adoption, in most States you need to be in a stable marriage for over a year.

You pretty much cannot force a father to give up his rights. Does he pay support, send gifts, have any other contact?

Is he the legal father?

Yes the way you can do this is have him write the letter and you and him both go to the notary you both must show id and then after that you can go to family court. So that you don't have any trouble in the long run

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Originally Posted by misty440

Yes the way you can do this is have him write the letter and you and him both go to the notary you both must show id and then after that you can go to family court. So that you don't have any trouble in the long run

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I don't know what State you are addressing but you are incorrect - in many (if not most) States you must fill in and sign the forms provided by the Court, forms indicating that you realize you are permanently surrendering your rights, etc.

This is not a family court matter - it's an adoption court matter.

In many States fathers cannot relinquish custody at all if that is what you are addressing.

What you need to do is get an attorney to prepare adoption papers. As part of the adoption petition the attorney will prepare a Termination of Parental Rights. If the father doesn't object, then the courts will generally grant the TPR to clear the way for adoption.

But courts take TPRs very seriously. They are generally only granted to clear the way for an adoption or if the parent presents a danger to the child. Since this has to go through a court, anytime you have to go to court, you should retain an attorney to help.