I have only been allowed to see the child in question for 2 -4 hours one time within the last 2 years. I recently was summoned to do a DNA test which came back saying I am the father of this child. Now the mother has gone forward with child support action which I can't pay, I have 2 other children who live with me and I am currently unemployed with no income, I am actively looking for a job. I would like to terminate my rights to this child as he doesn't know me and I don't know him really, if I were to do that could I and would it terminate child support also? The mother has never made any attempt to let me see this child and does not respond to my calls. Can you help? Also what paperwork woud I file with the court? I went there today and they said there is no termination of parental rights paperwork.

You may not just terminate your rights as a father, if you could there wouldn't be deadbeat fathers out there, there would just be alot of children without fathers.

On a moral note, I appreciate that you are looking for a job. In this economy, it is difficult to stay employed, but you helped to create 3 children and you should be responsible enough to help to care for all three children.

If you aren't connected or seeing your child often enough, why not go to court and file for visitation with the child and build that bond. Child support and visitation are not intertwined, but you have rights as well as responsibilities.

There is always paperwork for relinquishing parental rights .If you do so it would stop any and all child support activity.you should really think about it though because it is not something you can change your mind about down the road.

No, you can't terminate your rights unless the child was being adopted and this doesn't seem like the case here since the mother is taking you to court for child support.

Sorry dad but now you have 3 kids instead of 2. Whether if your in the child's life you're her dad by blood.

Do you pay child support for your other 2 kids? If so, make sure you inform the judge even if you don't. Not sure if it make help lower the payment because I never been to court for child support.

[QUOTE=liz28;1730572]No, you can't terminate your rights unless the child was being adopted and this doesn't seem like the case here since the mother is taking you to court for child support.. [/QUOTE

That's not true. My ex gave up his rights and there was no adoption. But I will tell you that in order for you to do this you are going to have to go in front of a judge, and they will ask you if you are sure you want to give up your rights. But once its done that's it you can't get them back. So please thank about it.

Sorry no, you can in court not ask for any visits, and let the mother have full physical and legal custody but that is not giving your rights up.

And even in the few ( and it is very few) cases where it happens, they stlil owe child support.

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Originally Posted by 3xmommy

That's not true. My ex gave up his rights and there was no adoption. But i will tell you that in order for you to do this you are going to have to go in front of a judge, and they will ask you if you are sure you want to give up your rights. But once its done that's it you can't get them back. So please thank about it.

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Are you saying your husband just asked to give up his rights and a court agreed? I frankly doubt that. If that happened there were probably extenuaitng circumstances.

Courts are very reluctant to grant TPRs and generall only do so to clear the way for an adiption or to protect the child.

[QUOTE=3xmommy;1730746]

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Originally Posted by liz28

No, you can't terminate your rights unless the child was being adopted and this doesn't seem like the case here since the mother is taking you to court for child support..[/QUOTE

That's not true. My ex gave up his rights and there was no adoption. But i will tell you that in order for you to do this you are going to have to go in front of a judge, and they will ask you if you are sure you want to give up your rights. But once its done that's it you can't get them back. So please thank about it.

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I would like to know the State and circumstances where this occurred - you cannot waive your legal rights, and that includes support for your child.

This happened in VA. He didn't think he was the father at the time. That's it, he went to the lawyer with my mother and then in front of the judge and signed his rights over.

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Originally Posted by 3xmommy

This happened in VA. he didn't think he was the father at the time. that's it, he went to the lawyer with my mother and then in front of the judge and signed his rights over.

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Was a paternity test done? Was someone else considered the legal father?

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Originally Posted by ScottGem

Was a paternity test done? Was someone else considered the legal father?

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No there never was one done. He is the father, I had never been with anyone else.

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Originally Posted by 3xmommy

This happened in VA. he didn't think he was the father at the time. that's it, he went to the lawyer with my mother and then in front of the judge and signed his rights over.

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Originally Posted by 3xmommy

No there never was one {paternity test} done. he is the father, i had never been with anyone else.

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Virginia Family Law Appeals: PARENTAL RIGHTS TERMINATION – VOLUNTARY RELINQUISHMENT UNAUTHORIZED.
April 05, 2007

PARENTAL RIGHTS TERMINATION – VOLUNTARY RELINQUISHMENT UNAUTHORIZED.

In Cartwright v. Cartwright, 49 Va. App. 25, 635 S.E.2d 691 (10/24/06), a father's petition to the circuit court to be allowed to voluntarily relinquish his parental rights to his children was denied because he can't do that. The circuit court has no common law power nor general equity power to terminate parental rights: it's all in the statute, the Court of Appeals explained. The statute provides for a custodial parent, but not a non-custodial parent, to voluntarily relinquish (§§16.1-277.02 and 278.3), and he can't escape his financial obligations (which of course we presume is all he is trying to do) that easily.




Since VA law is clear on this issue, you will forgive us of we don't believe you are telling the whole story. Nor do I believe a court would terminate rights without a paternity test, especially if the petitioner was claiming they believed they weren't the father. If you read the statutes cited, its clear that a father cannot just walk into a court asking that his rights be terminate and have the court affirm this. Even if the court does allow termination of rights, that doesn't terminate responsibility.

This is the Family Law forum. Responses here have to adhere to established law. Even if your experience is true, its probably an exception not a rule and most people are unlikely to have the same experience. You can relate your experience, but using it to negate someone else's advice is inappropriate since you have only your experience to go on.

Here is her story https://www.askmehelpdesk.com/family...me-352645.html It doesn't seems like she even knows who has physical custody of her child. Since she had her child at 18 she doesn't remember much of what happen(her words).

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Originally Posted by liz28

Here is her story https://www.askmehelpdesk.com/family...me-352645.html It doesn't seems like she even knows who has physical custody of her child. Since she had her child at 18 she doesn't remember much of what happen(her words).

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Yes I saw that. Makes one shake their head how she can presume to correct someone else.

Since she did not start this thread, any further discussion with her should go in her thread.