Much more basic is the question of whether or not you want to terminate parental rights over your children, and whether or not your childrens' best interest would be served by doing this. There should be some compelling reason for a parent to be in a position where this is a realistic possibility. Typically, divorced parents can share custody and responsibility for children they had together, and it's important to ask why that might not be workable in your situation. Has there been some legal difficulty or some serious illness? Are you very far apart making it difficult or impossible for you to be part of their lives? Are they extremely young?
I can't imagine the anguish a person would go through having to make such a decision, but if it were clear to me that the children will be much better off growing up with two caregivers in the household, and other alternatives that include my ability to visit and co-parent are not realistic, then I would consider a TPR. But don't do anything before you seek legal help, and possibly help from local social services. Your ex and his wife certainly have no right to coerce or strong-arm you into any decision of this magnitude. Ultimately, the care and welfare of the children should be paramount for you and for your ex.
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
Since the biological father did not sign the birth certificate, he has no legal rights to the child unless he wants to pursue them through means of a paternity test which he would have to pay for.
No. If the other parent has not had his/her parental rights taken away by the court, he/she is still responsible for providing financial support for the child(ren).
A motion to modify parental rights and financial responsibility, though a divorce would be better. see links
All US states have statutes that allow a parent to petition for the Termination of Parental Rights, in the vast majority of situations a voluntary TPR is only granted so the child can be adopted by a new spouse or qualified individual. The purpose of such laws are to prevent parents from escaping their financial obligations to their minor children by relinquishing their rights to said child/children.
Doing so will not affect his support obligation.
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.
No, Because you are taking away all of his rights to yours and his child so he has no decision in the child's life anymore. Therefore, he does not have to pay.
Your husband can only adopt if the girls father willingly gives up his parental rights or the court terminates them. As her dad he will pay child support until the adoption is through. Then your husband have that responsibility and parental rights just like you. So see what your ex wants. The court stops child support etc when the adoption is through.
In Colorado, a parent may not sign over their parental rights unless there is another spouse available and willing to adopt the minor child. This means, if a father wants to sign away his rights to his child that the mother's new husband must be willing to officially adopt the child.
Generally a parent with visitation rights is a non-custodial parent. You need to check the court orders. See related question link.
No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court.No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court.No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court.No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court.
He can certainly ask, but you do not have to agree.
Only if you can proove with legal records that he has abused others, drug use, and or abusive behavior twards you and or the children. If not then no you have to deal with him until they are 18. Unless he wants to sign his parental rights away.
Yes, if your guardian/parent agree to it and the parent wants to be contacted.
No. Relinquishing your parental rights means you are not the parent of the child any longer, therefore not responsible for its care and/or support.
If the judge signs the order terminating parental rights, no. However, very frequently judges will not find that termination of parental rights is in the best interest of the child, even if the parent wants to, especially if it is being done as a way of avoiding responsibility.