My ex has just informed me that he wants to sign over all his rights to our daughter since I am engaged to get married. My question is what do I need to do legally to get this done? Can it be simple as writing up a document he sign, me sign, and a third party sign then get it notarized, or do I need to go through the court system. We have agreed that I would cancel child support and he would sign over rights and let my husband to be adopt her. Therefore... can I keep it simple or do we have to get the courts involved??

Your new husband will have to petition for adoption of your child. At the same time the attorney (yes, you need one) will handle the termination of parental rights. Child support would no longer be an issue once the termination of rights is done, since the child would no longer be your ex's.

Adoption is a legal process. It has to be approved by a court.

The first thing you need to do is check whether a requirement for adoption requires marriage in your area. Many do. So you may not be able to file for adoption until you have been married for awhile.

I would consult a Family Law attorney. They can tell you when you can file. The attorney will include a termination of Parental Rights as part of the petition. He will prepare whatever paperwork your ex has to sign.

BTW, you did not have to "agree" to terminating child support. Once you new husband becomes the legal father child support would legally end. If he is paying support through an agency, you will have to send a copy of the adoption order to them to stop payments.

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Originally Posted by ScottGem

Adoption is a legal process. It has to be approved by a court.

The first thing you need to do is check whether a requirement for adoption requires marriage in your area. Many do. So you may not be able to file for adoption until you have been married for awhile.

I would consult a Family Law attorney. They can tell you when you can file. The attorney will include a termination of Parental Rights as part of the petition. He will prepare whatever paperwork your ex has to sign.

BTW, you did not have to "agree" to terminating child support. Once you new husband becomes the legal father child support would legally end. If he is paying support through an agency, you will have to send a copy of the adoption order to them to stop payments.

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Great... thanks you have definitely helped me out! I have to start somewhere whether adoption comes down the road from now. But your reply has helped me most definitely and I will be making the phone call to my attorney! Thanks much! :D