I recently heard that my ex has decided to give up his parental rights on our son. He has recently, within the last year, gotten remarried and his new wife does not like my son, nor does my son like her. She has attempted to physically harm me in his presence and now my son doesn't want to see his dad or be with his dad if she is around. His father doesn't like that idea and has said that if our son can't accept his new wife, then he will just sign his rights away. He hasn't seen our son since November 12, 2005 and he has, once again gotten fired from a job and is once again behind on child support. Is there any way he can voluntarily relinquish his rights without us having to go to court over it, i.e.. Some paper he can just sign, have notarized and filed?

No. Relinquishing parental rights is generally done only to clear the way for adoption. It does not absolve him of financial responsibility. He will still owe the court ordered child support unless that order is modified.

If he doesn't want to see the kid anymore, he can just give up his visitation rights. All that would be necessary is for him to send you a letter to that affect.

Perhaps the new wife is bitter to the point of going nuts because she doesn't like the fact that her husband has to pay child support. Even if he is still behind in child support, you should still be entitled to back support when he does come up with the money. Are you re-married? Would your new husband adopt your son?

I don't know about her being bitter, she is just very controlling and down right EVIL. She won't even let him have pictues of our son. As for the child support, I don't have to worry about that. I have it going through the state, so when he does get behind they take him to court on my behalf. We have already gone to court over this matter 3 or 4 times. I am not remarried, but I do live with my boyfriend. I don't know if I would ever let another man adopt a child of mine unless it is something they BOTH wanted.

Yes the honest truth is his new wife does not like having to see that money being paid to you for child support. I will agree with that, the most likely hidden motive.

But no he can not just give up his legal rights, he can stop seeing his son, he does not have to visit him, but he has to send you that check every month.

Unless you agree to let him give up his rights, he has them.