If your ex husband hasn't seen his children in 2 yrs, not call in 16 months and not paid child support for 2 and 1/2 years. And sent a letter to my lawyer requesting he be allowed to relinguish parternal rights and my lawyer says no! Why can't I say yes?

THIS is why.

It's a link to the sticky at the top of this forum regarding termination of parental rights. If you have additional questions once you have reviewed that information, please post them in this thread, and we'd be happy to take a look.

Good Luck!

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Originally Posted by the_children

If your ex husband hasn't seen his children in 2 yrs, not call in 16 months and not paid child support for 2 and 1/2 years. And sent a letter to my lawyer requesting he be allowed to relinguish parternal rights and my lawyer says no! Why can't I say yes?

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Mostly it is because your lawyer should know that laws of your area and you don't. Since you signed over your right to representation to your lawyer they are suppose to act in your best interest.

Is there any way he (my ex husband) legally allowed to give up all rights if I am not remarried.. I know he can if I an married again and my new husband wants to legally adopt them. Is there any chance this can happen until I am remarried

Sorry but no.

Why is this important to you? He is exercising his rights so why terminate them? That is the position a court will take and deny the TPR.

He is not using his rights, he merely does not want to owe all of the back child support, what efforts have you done to attempt to enforce the collection of the child support, such as garnishment of wages, liens on properties or more ?

But no, he can not just terminate his rights, even if you and he both agree, since it is not in the best interest of the child, since enforcement of the money due the child should be addressed.