How To Terminate Parental Rights
11 Replies
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The father wants nothing to do with me and the baby, and I want to have all his rights terminated, meaning that I want sole physical/legal custody AND I don't want him to have to owe any child support. I've heard that even if the mother has sole physical/legal custody, the father still will owe child support even if he's totally not involved, never sees the kid, etc. and that the only way to eliminate the child support is to have his parental rights terminated (for neglect, abandonment, no child support payments, etc).
Paternity hasn't been established by the courts yet, but I am 100% sure he is the father. I'm afraid that if I never file for paternity, I'll never be able to have sole physical/legal custody, and I'll never be able to apply for a passport for the child. I don't plan to put the father's name on the birth certificate, and I worry that when it comes time to apply for a child's passport, they'll want the other parent's permission. But I'm also afraid to file for paternity, because once it's in the court system, then he will definitely owe child support, and I'm worried that may send him over the edge and he might try to do something harmful to me or the baby.
Is there a way that the man can legally give up all rights and responsibilities to the child, including child support, without having to file paternity through the courts, or go to the trouble of establishing a court order for child support, and then have him not pay it, and then ask for termination of parental rights? They don't grant termination of parental rights unless child support hasn' t been paid or for neglect/abandonment, but in order to get to that point, a child support order would have to be issued in the first place, and I don't want the father to have a criminal record for not paying child support, just so he can have his rights terminated.
Any suggestions? Has anyone gone through this before? How did you handle the passport situation, or other situations where both parent's permission is required? (especially those of you who did not list the father on the birth certificate, and have not established paternity/child support through the courts)?
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May I ask what lead you to want to take such drastic measures...? And does the father say he wants to be somewhat or to some extent involved in his child's life...?
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My very first sentence said "The father wants nothing to do with me and the baby". He has abandoned us. The minute I told him that he'd be financially responsible to help support the child if he wanted to be involved in our lives, he disappeared.
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Oh, and I did tell him he had a right to see his child, but he did not respond at all.
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I just talk to a lawyer today...according to him...you cannot terminate a father's right even if both of you agree to it, unless the father is a drug addict, or would be harmful to the child...the lawyer told me that it would be best not to put him on the birth certificate and just live your life IF the father shows up and wants to see the child you can call the cops because he is not on the birth certificate. But the father can at anytime file a parternaty suit and establish his rights but that requries the bum getting off his a__s and doing a lot of work so if your ex isn't willing to do that my lawyer advise me to live as though my ex doesn't exist. and if he does show up without paper work call the cops.
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oh the lawyer said you can't termiate rights because that would be happening all the times and its not your choice but the childs choice about terminating his father but the child cant do that until he is 16 until then its the courts decision
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Your baby's prospective father does not neccessarily have to pay child support. Their various types of pet_tion you can file with the court. One would be to establish paternity only. If he is determined to be the father, then he would have the right to have his name on the child's birth certificate as well as the right in decision making on issues pertaining to the child. This would also give the child the right to inheritance. He would not be obligated to pay child support if all you are asking is to know who the father is. However, if you are receiving Public a__sistance, then you automically give an a__signment of rights for the local social services department to establish paternity and child child support. This will be the only way he would be obligated to pay child support. As to the issue of the pa__sport, once he is declared to be the father and although you could apply for a pa__sport you may be required to seek his permission to travel out of the United States with the child. For this issue, I suggest that you consult a legal ent_ty.
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You can have the father sign over his rights to you after the baby is born. You will need a lawyer for this but do keep in mind that you will NEVER be able to try and get child support from him.
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You can still get a pa__sport as well. If this guy has no plans of wanting to be around then you can also say you don't know who the father is as it was a one night stand that got you pregnant and you don't remember the guys name. I know a girl who did this and that was the end of worrying about the real father.
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This is to mommybabyboy21- how do you prove that the father is a drug addict in order to terminate rights?
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you have to get him arrested for posession...or you have to ask the courts for drug testing. And they do urine testing in front of someone who goes to the bath room with you. even with that if your ex is smart he can get around that. But going the way of proving drug addiction once again it will be at least 6 months before you can dissolve his rights. But I have a cousin that is trying to do that, or tried and the ex was so good at taping boughten urine to his side and expeling that for the drug test that it his rights weren't revoked. And my ex isn't a druggy just a bum. Good luck
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after having been through the hell of court, paid $3000, still owe $650 (after 4 yrs), i would advise to not go to court, live as if he didnt exist, and raise YOUR baby as you see fit. he would have to pay for an attorney to take you to court to get any visitation right, and if he did that, he'd have to pay child support. i went through a custody battle, and the baby's daddy was finally willing to terminate his rights, but my own attorney wouldnt present it before the judge, he claimed the judge wouldnt grant it, idk. so i have custody, receive no child support, and if any time the baby's daddy decides he wants visitation rights, he can take me to court and get them. so that was a lot of money plus heart ache for nothing basically. because his rights didnt get terminated. also if you get a paternity test through child support agency, they automatically put his name on the birth certificate. also, i wouldnt worry about him having a criminal record for not paying child support. if this guy is terrible enough not to take care of his kid, then IMO he needs to rot in jail.
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