If both parents agree, can a father sign away his parental rights? - Child Custody Law Questions and Answers- LawQA.com

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If both parents agree, can a father sign away his parental rights?

My ex has primary custody of my 2 sons. I have since married another woman and have a daughter now. My sons are mean to my new wife and daughter. I cannot get them to listen and behave, their mother has talked badly about me and my wife to them, they do not respect me or my new family. I have been layed off from work and have little income and my ex keeps threatening me with legal action. Its all I can do to keep a roof over my new family's head let alone pay my ex child support. Would this help the situation?

Answer By John Kirchner
John E. Kirchner, Attorney at Law
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You can only voluntarily relinquish your parental rights and responsibilities in connection with an adoption by another person. Until that occurs, your financial obligation will not terminate no matter what you say.

Answer Applies to: Colorado
Replied: 9/5/2012

Answer By Seth L. Reszko

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Yes. Dad can terminate his parental rights. The Judge will consider whether the children will continue to receive proper support if your parental rights are terminated. If the Court believes that the children will not receive proper financial support from the mother, the Court can deny your parental rights. thus, if the mother has a husband that would help with the termination of your parental rights.

Answer Applies to: Nevada
Replied: 8/21/2012

Answer By Dave Hawkins
The Law Offices of Dave Hawkins
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No. In Wa. state, there is no basis in the law for a parent to terminate his own parental rights unless there is a pending Adoption Petition where another man agrees to marry you ex and adopt the child, taking on all of the financial responsibilities.

Answer Applies to: Washington
Replied: 8/21/2012

Answer By Steven Alpers

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The only way to get out of support is step parent adoption by your ex and a new spouse. You may be able to get support reduced since you are no longer working.

Answer Applies to: California
Replied: 8/20/2012

Lombardi Law LLC
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In Alaska a parent cannot relinquish their parental rights in order to avoid child support. It may be advisable to work with an attorney to get your child support reduced if you are no longer working.

Answer Applies to: Alaska
Replied: 8/20/2012

Answer By Melvin Franke

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No.

Answer Applies to: Missouri
Replied: 8/20/2012

Answer By Gregory Crain

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No.

Answer Applies to: Arkansas
Replied: 8/20/2012


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Under Michigan law even you sign away your parental right, you must pay child support.

Answer Applies to: Michigan
Replied: 8/20/2012

Answer By Elliott D. Yug

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Yes. It is through a stipulation and order. File a Petition to Terminate Parental Rights and he doesn't do anything.

Answer Applies to: Nevada
Replied: 8/20/2012

Answer By Maury Beaulier
Beaulier Law Office
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No. Any termination of Parental Rights must be brought before a court and signed as an Order if the Judge believes that the requested termination is in the child's best interests. that would require a careful review of the facts and evidence.

Answer Applies to: Minnesota
Replied: 8/19/2012

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