Yes, a father can relinquish his parental rights. The process depends upon the state in which you / the child live. Most often, the terminating of the parental rights is handled by an attorney; however, your state might allow you to handle it on your own.
In the state of Texas, Chapter 161 of Title 5 of the Texas Family Code provides for a suit to terminate the parent-child relationship. The termination of parental rights is complete, final, and irrevocable. It divests forever the parent and child of all legal rights, privileges, duties, and powers between each other except for the child's right to inherit from the terminated parent. A suit for termination may even be filed before the birth of the child. If the suit for termination is filed before the birth of the child, a court may not conduct a hearing in the suit nor render an order other than a temporary order until the child is at least five days old.
However, one cannot ordinarily avoid responsibility to pay child support merely by voluntarily relinquishing parental rights. The court may not allow the petition.
Termination of Own Rights
A parent may file a suit for termination of his or her own parent-child relationship as provided by section 161.005 of the Family Code. Such a suit is rare and courts generally frown on this procedure. The court may order termination if termination is in the best interest of the child. In this scenario, custody may be turned over to the Department of Protective and Regulatory Services.
The more common procedure to terminate a person's own rights is to execute an affidavit of voluntary relinquishment or an affidavit of waiver of interest in the child
Affidavit of Voluntary Relinquishment of Parental Rights
Section 161.103 of the Family Code also provides for the voluntary relinquishment of a parent's rights. Most typically, this is the procedure that is employed to terminate a parent's rights so that another person may adopt the child. One or both parents may use such procedure to terminate his or her rights to a child rather than present the matter for a trial in court. The voluntary termination of a parent's rights can be a very difficult and tricky process. If the parent attempts to revoke the affidavit, there may be problems in terminating that parent's rights. It is not uncommon for a biological parent to change his or her mind during the process. Texas laws, however, provide safeguards in the event a parent attempts to revoke the affidavit.
The requisites of the affidavit for voluntary relinquishment are very specific and must be adhered to. An affidavit for voluntary relinquishment of parental rights must be: (1) signed after the birth of the child, but not before 48 hours after the birth of the child, by the parent, whether or not a minor, whose parental rights are to be relinquished; (2) witnessed by two credible persons; and (3) verified before a person authorized to take oaths. The affidavit must contain: (1) the name, address, and age of the parent whose parental rights are being relinquished; (2) the name, age, and birth date of the child; (3) the names and addresses of the guardians of the person and estate of the child, if any; (4) a statement that the affiant is or is not presently obligated by court order to make payments for the support of the child; (5) a full description and statement of value of all property owned or possessed by the child; (6) an allegation that termination of the parent-child relationship is in the best interest of the child; (7) one of the following, as applicable: (A) the name and address of the other parent; (B) a statement that the parental rights of the other parent have been terminated by death or court order; or (C) a statement that the child has no presumed father and that an affidavit of status of the child has been executed; (8) a statement that the parent has been informed of parental rights and duties; (9) a statement that the relinquishment is revocable, that the relinquishment is irrevocable, or that the relinquishment is irrevocable for a stated period of time; (10) if the relinquishment is revocable, a statement in boldfaced type concerning the right of the parent signing the affidavit to revoke the relinquishment only if the revocation is made before the 11th day after the date the affidavit is executed; (11) if the relinquishment is revocable, the name and address of a person to whom the revocation is to be delivered; and (12) the designation of a prospective adoptive parent, the Department of Protective and Regulatory Services, if the department has consented in writing to the designation, or a licensed child-placing agency to serve as managing conservator of the child and the address of the person or agency. The affidavit may contain a consent to the placement of the child for adoption by the Department of Protective and Regulatory Services or by a licensed child-placing agency. The relinquishment in an affidavit that designates the Department of Protective and Regulatory Services or a licensed child-placing agency to serve as the managing conservator is irrevocable.
Affidavit of Waiver of Interest in Child
Rather than sign an affidavit of voluntary relinquishment of a child, it is more typical for a man to sign an affidavit of wavier of interest in the child pursuant to Family Code section 161.106. A man may sign an affidavit disclaiming any interest in a child in any suit filed or to be filed affecting the parent-child relationship with respect to the child. The affidavit may be signed before the birth of the child.
The affidavit must be: (1) signed by the man, whether or not a minor; (2) witnessed by two credible persons; and (3) verified before a person authorized to take oaths. The affidavit may contain a statement that the affiant does not admit being the father of the child or having had a sexual relationship with the mother of the child. An affidavit of waiver of interest in a child may be used against the man in a suit in which the man attempts to establish an interest in the child. The affidavit may not be used in a suit brought by another person, licensed child-placing agency, or authorized agency to establish the affiant's paternity of the child.
A waiver in an affidavit that designates the Department of Protective and Regulatory Services or a licensed child-placing agency to serve as the managing conservator is irrevocable. A waiver in any other affidavit is revocable unless it expressly provides that it is irrevocable. A waiver in an affidavit that fails to state that the waiver is irrevocable is revocable only is such revocation is made on or before the 11th day after the affidavit was executed. Although there is some ambiguity in the statute as to the stated time period that an affidavit may be made expressly revocable, the safer practice is to assume that such waiver may only be made revocable for 11 days after the affidavit's execution. An affidavit that contains a waiver that is revocable must contain: (1) a statement in boldfaced type concerning the right of the person who executed the affidavit to revoke the affidavit only if the revocation is made before the 11th day after the date the affidavit is executed; and (2) the name and address of the person to whom the revocation is to be delivered. To revoke a waiver, the person who executed the affidavit must sign a statement witnessed by two credible persons and verified before a person authorized to take oaths. If a person attempting to revoke an affidavit has knowledge that a suit for termination of the parent-child relationship based on the person's waiver of interest in a child has been filed, the person shall file a copy of the revocation with the clerk of the court in which the termination is proceeding.
"§ 161.206. ORDER TERMINATING PARENTAL RIGHTS. (a) If the
Court finds by clear and convincing evidence grounds for
termination of the parent-child relationship, it shall render an
order terminating the parent-child relationship.
(b) Except as provided by Section 161.2061, an order
terminating the parent-child relationship divests the parent and
the child of all legal rights and duties with respect to each other,
except that the child retains the right to inherit from and through
the parent unless the court otherwise provides.
(c) Nothing in this chapter precludes or affects the rights
of a biological or adoptive maternal or paternal grandparent to
reasonable access under Chapter 153."
"an order terminating the parent-child relationship divests the parent and the child of all legal rights and duties with respect to each other,
except that the child retains the right to inherit from and through
the parent unless the court otherwise provides."
The Judge/Court who processes the Affidavit can impose specified stipulations i.e. paying child support, medical insurance and so forth, however the Law does not require continued child support payments upon approval of the Affidavit if approved without stipulations.
With the court's approval and significant demonstrative evidence.
Only if the mother allows it.
You can'tsee link
In general, parental rights are terminated either preparatory to an adoption, or after a trial in which it is determined that the parent is unfit. In any case, termination of parental rights does not, in itself, terminate child support.
In this case even if both have agreed that the husband would relinquish his parental rights , then there is no need to support the child even in texas.
Terminating one's parental rights does not terminate one's parental responsibilities.
Only if/when his paternity is established.
Arrears and current support, also, unless/until the child is adopted.
Sure. See a lawyer.
Termination of parental rights does not terminate one's child support obligation.
Yes, but that does not relinquish the obligation to pay child support. All it does is relinquish your right to see your child and have any type of decision making power in their lives. If the child is placed for adoption or your ex marries and their spouse adopts you child, your support obligation will end.
I know of a close friend who has given up his parental rights in the state of Texas. <a href="http://www.child-support-laws-state-by-state.com/fathers-rights-in-child-support.html" target="_blank">
Single fathers have no assumed rights in any state. They have to petition the courts for them. see links below
WHO'S PARENTAL RIGHTS DO YOU WANT TO REMOVE?
If this involves giving up parental rights and financial responsibility, it has to be court approved.
In general, parental rights are terminated either preparatory to a divorce, or after a trial in which it is determined that the parent is unfit. In any case, termination of parental rights does not, in itself, terminate child support.
You can ask him but not force him. If he is harmful to the child you can bring it to court and the court can take his parental rights away.
A DNA test can prove if the biological father is actually the father. If it is proven he is the father, then he should have all parental rights as any other parent.
The same as any single father, they have no assumed rights in the US. He has a right to merely petition the court for permission to see his children. see link
no, but you can't. see links below
Parental rights are granted by the court system in a custody battle. If one parent is deemed unfit to raise the children, they can voluntarily terminate their parental rights.
Yes, you can ask but not demand him to give up his parental rights.
She has full custody from birth. The father have to prove paternity in court to gain his parental rights and get custody, visitation and pay child support.
Yes. If he is not on the birth certificate and is willing to do so. He can sign an affidavit basically saying he does not know and does not care to know whether or not he is the father. That affidavit will relinquish all rights. That is in Texas. I don't know about elsewhere.