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    tautry's Avatar
    tautry Posts: 1, Reputation: 1
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    #1

    Oct 22, 2007, 11:08 PM
    Relinqueshment of Parental Rights
    My Fiancé has a 14 year old daughter with his ex-girlfriend. His ex has completely turned his daughter against him. She got custody while he was on the road as a over the road truck driver and he wasn't even aware of it! He has recently found out some information about his daughters behaviors and he confronted her and her mother. They both didn't like what he had to say and his daughter decided that she wanted nothing else to do with him and the only thing he was trying to do was protect her. Well this happened in June it is now Oct and he found out via MYSPACE a week ago that his ex is moving her and his daughter to Florida this Thursday!! He has spoken with his ex and she has agreed to him relinqueshing his parental rights because she stated she will not force his daughter to come see him and he doesn't want to have to force his daughter to spend time with him. Also the child support he pays has been paying for his ex's trip to Hawaii twice a year, every year since 1996. This is tough for him but him and his ex think it is the best thing. What exactly does he need to do to get his parental rights relinqueshed, what forms does he need to file, and about how long does the process take? I would really appriciate all the input I can get!
    macksmom's Avatar
    macksmom Posts: 1,787, Reputation: 152
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    #2

    Oct 23, 2007, 04:50 AM
    I hope he knows all that comes from reliquishing his parental rights... and I hope he isn't doing this just to stop child support.

    First off, in most states, they will not allow a parent to reliquish rights, even if both parents are in agreement, unless there is someone willing to adopt the child.

    That being said, unless there is someone to adopt the child... child support will not stop.

    If there is any visitation order... he can stop them from moving out of state.

    You said this is hard for him... why, after 14 years, does he want to give up on his child?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Oct 23, 2007, 05:16 AM
    First sorry, but he can not have lost custody while on the road, he would have had to be served legal papers and if this was not done legally, he could have went back to court to get the rulling over turned.

    Next if they are going to move, file an injuntion to stop it, that is what courts are for.

    You also know that even if he gives up his rights, he still has to pay child support so why give up the rights, he does not appear to use them anyway.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Oct 23, 2007, 06:20 AM
    You need a lawyer to help you though this. As macksmom and chuck told you, relinquishing his rights does not get him out of support. Also he needs an attorney to find out exactly what was done in court over custody and visitation. This COULD NOT have been done without his knowledge unless they lied about something.

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