Does the parent want to relinquish parental rights or is it that the other parent wants FULL Custody, with no rights to the other parent?
In CA check out Loudin v. Olpin Louden v. Olpin ["Louden"] (1981) 118 Cal.App.3d 565 , 173 Cal.Rptr. 447 on the internet at http://login.findlaw.com/scripts/callaw?dest=ca/calapp3d/118/565.html You do have to register for free to view it. Bascially it says that the non-custodial parent can't be forced to visit the child.
If a parent wants nothing to do with the child - whats to stop him from abandoning the child? He/she would still be responsible for child support.
For more information visit http://www.steveshorr.com/MATTERS_CONSIDERED_IN_GRANTING_CUSTODY.htm
Assuming you're talking about parental rights (which is a different thing than custodial/visitation rights)... If you're in the US, not only do both parents have to agree, a judge has to agree too. Most judges will not agree unless there is someone else who is willing to assume those parental rights (ie Mom has married and her new husband wants to adopt the child). The reason behind this--the courts do no feel it is in the best interest of a child to leave them fatherless.
yes you do
The biological father would not need to adopt his own child. He would petition the court for full custody of the minor child and assuming the court deemed him fit for parenting he would become the sole custodian.
Both biological parents will need to file a Termination of Parental Rights petition with the court that has jurisdiction. If the TPR is granted, the individual who wishes to become the legal guardian or adopt the minor child must also follow the legal procedure as required by the state in which the minor child is a resident.
Yes. Such an action must be filed in the court of jurisdiction (where the child legally resides). However termination of parental rights does not automatically terminate child support obligations. This usually happens only if the child is being adopted. All that termination of rights will accomplish is ending the right to see their child or have any say-so in their lives.
If you are looking to sign over your parental rights in Kentucky, you need to contact the family courts that deal with child welfare. Signing over your rights should only be done in extreme situations and in most cases you are then required to pay child support to the state.
In general, no, you do not have legal rights with respect to nieces and nephews unless you were their primary guardian at one time.
Yes, both parents do.
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.
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.
yes
In the state of California, a person goes to court to sign over their parental rights. Many people believe that by signing over their parental rights relinquishes them from having to pay child support, this is incorrect unless the child is adopted.
You need to consult with an attorney.You need to consult with an attorney.You need to consult with an attorney.You need to consult with an attorney.
A person cannot force a parent to relinquish his or her rights to their minor children, only a court can permanently terminate parental rights. A biological parent can file a petition for the Voluntary Termination of Parental Rights in state court in the city or county where they live. The judge decides if the petition should be granted based upon what is best for the child or children that are involved. Another option to consider, go to the State Welfare office and ask to have his alimony and/or child support paid directly to them and have THEM issue the check. Men tend to be a little more punctual when they know the State is looking over their shoulder.
In most states you will lose you parental rights and if you want it back generally you will need a lawyer.
You need a good lawyer and have to go back to court. Coercion is hard to prove. You have to try for the parental rights first but courts are not that keen on giving it back. They are scared you might do it again and they think about the child. Talk to a lawyer about your chances.
No you don't. No court or legal process requires a lawyer, it is however a good ideal - more so if you don't understand what is going on.
You would need to petition the family court in the county of jurisdiction over the case and provide clear and compelling reasons why parental rights should be terminated. If the child in question isn't being put up for adoption, this will not be an easy thing to do. You cannot relinquish parental rights "just because" although the courts may involuntarily terminate parental rights in very specific and dire circumstances.
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.