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New Member
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Jul 29, 2012, 02:42 PM
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What do I do if a father wants to terminate his rights tn
My ex husband who has a record of abuse, does not pay child support, provide medical insurance and is a registered sex offerender wants to terminate his rights to our son. Our son is 6 yrs old and does not want to be with his father. Will the courts of TN allow him to terminate his rights?
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Family Law Expert
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Jul 29, 2012, 02:48 PM
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In general, parents cannot “surrender” their parental rights voluntarily in order to avoid a child support obligation. However, in certain circumstances, the court will accept a voluntary surrender from one or both parents to a child, particularly in situations where there are prospective adoptive parents or a prospective adoptive step-parent.
Termination of parental rights must be based upon:
1) a finding by the Court by clear and convincing evidence that grounds for termination of parental rights have been established and
2) a finding that the termination of the parent’s rights is also in the child’s best interest.
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Expert
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Jul 29, 2012, 02:51 PM
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If the custodial parent wants to "take his rights" away, these may be reasons, he normally can not give them up, the custodial parent will have to agree.
Even then it will be up to the court, not all judges may allow it, so you need to talk to your local attorney as to how your court views this.
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Family Law Expert
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Jul 29, 2012, 02:52 PM
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TENNESSEE CODE ANNOTATED
36-1-113. Termination of parental rights.
(a) The chancery and circuit courts shall have concurrent jurisdiction with the juvenile court to terminate parental or guardianship rights to a child in a separate proceeding, or as a part of the adoption proceeding by utilizing any grounds for termination of parental or guardianship rights permitted in this part or in title 37, chapter 1, part 1 and title 37, chapter 2, part 4
(l) (1) An order terminating parental rights shall have the effect of severing forever all legal rights and obligations of the parent or guardian of the child against whom the order of termination is entered and of the child who is the subject of the petition to that parent or guardian. The parent or guardian shall have no further right to notice of proceedings for the adoption of that child by other persons and shall have no right to object to the child's adoption or thereafter to have any relationship, legal or otherwise, with the child. It shall terminate the responsibilities of that parent or guardian under this section for future child support or other future financial responsibilities even if the child is not ultimately adopted; provided, that the entry of an order terminating the parental rights shall not eliminate the responsibility of such parent or guardian for past child support arrearages or other financial obligations incurred for the care of such child prior to the entry of the order terminating parental rights.
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Computer Expert and Renaissance Man
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Jul 29, 2012, 02:59 PM
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[QUOTE=jeppich;3214721, does not pay child support,
...
wants to terminate his rights to our son. [/QUOTE]
Given the sex offender conviction the courts MIGHT issue a TPR.
Why is he not paying support? Is there a support order in place? And why does he want to terminate?
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