They never get to see their kids. Their child does not even recognize them anymore. And yet their wallets keep getting thinner while the custodial parent cannot guarantee that the other parent spends enough time with the kid to enjoy a positive relationship.
So how do you sign away your parental rights to avoid making child support payments? It is extremely difficult to terminate your parental rights voluntarily. In fact, the chance that you will ever get the opportunity to terminate your parental rights are very low.
Under family law in Utah, you can get out of paying child support voluntarily only if the other parent gets married again and their new spouse will want to pursue a step-parent adoption, assuming full financial responsibility for supporting the child. If this is not a viable option, there is not much you can do to sign away your parental rights. However, there may be another way out from this situation, says our Salt Lake City child custody attorney. And the best part is that you get to keep your parental rights.
There is always a way out. Consult with our skilled attorneys at the Ault Legal to find out which option would be the best in your particular case. Typically the request for termination must be for good cause, and the court must find that termination of your parental rights would be in the best interests of the child.
Both of these standards allow for a lot of judicial discretion in making the final determination. The only way to sign over your rights as a father in these states would be by consenting to the adoption of the child by another person such as a step-parent. These factors include the child's emotional ties to you, the extent to which you've maintained regular contact and visitation with the child, and how committed or interested you are in the child's upbringing and welfare.
Talk to your child's mother. In many states you cannot voluntarily terminate your parental rights without the other parent's consent.
The judge also must find that there is good cause for the termination. Consider hiring an attorney. Because court approvals of voluntary termination of parental rights is rare, you may find an attorney is best able to protect your interests and achieve your desired result. Given that much of the court's decision hinges on judicial discretion, an attorney familiar with the local judges and your area's court procedures can give you an advantage in pursuing your goal of signing over your rights as a father.
Gather your evidence. If you have any documentation or other evidence supporting your case, you should make copies so you will have it available when you draft your petition to the court. The court needs evidence that you have good cause to have your parental rights terminated. A desire to end your child support or financial obligation to the child or to have your ex-spouse out of your life typically are not considered good cause by any court.
However, if another adult such as a step-parent wants to adopt the child and assume responsibility, this generally is considered a good cause for you to relinquish your parental rights — particularly if you have not played a substantial role in the child's life. Part 2. Find the appropriate forms. Some states have forms you can print and fill out if you want to petition the court to relinquish your parental rights.
The form you have to fill out may depend on how old the child is and the circumstances under which you're relinquishing your parental rights. For example, California has a separate form you can fill out to relinquish your parental rights if you are served with notice of an action to determine paternity that names you as a possible father of the child. Fill out your forms.
You must include information about yourself, your child, your relationship with your child, and the reason you want to sign over your rights as a father. You may be able to find a previous petition for termination of parental rights filed in the same court that you can use as a guide to ensure your formatting is correct.
After you complete the form, you typically have to sign it in the presence of a notary public. File your form in the correct court. Typically the court that decided your divorce or child custody case is the court that would have jurisdiction over your case. In some states such as Missouri, termination of parental rights is handled by the juvenile court in the same jurisdiction.
The clerk of your local court will be able to tell you which court you should use. When you file your paperwork, the clerk will assign a case number, stamp your documents "filed" with the date, and typically also will set a date for your hearing. You may stop paying child support only if the judge grants your request after a hearing. If you are charged fees and cannot afford them, you may be eligible for a fee waiver. Ask the clerk for an application and answer the questions about your income and assets.
If the judge grants your application, you won't have to pay any court fees. In most cases, this occurs if a parent poses a threat to the health and wellbeing of the kids. In one situation, it is possible to willingly sign away parental rights.
If you and your spouse divorce, and she marries someone else, her new spouse can legally adopt your child. In Oregon, this is the only circumstance where a parent can sign away parental rights voluntarily. Once such an adoption becomes final, the new father assumes all rights and obligations.
You will no longer be on the hook for child support, child custody , visitation, or any other commitments or requirements.
That said, if there are preexisting responsibilities, like unpaid child support, those remain on your plate. Such debts are enforceable and collectible and are not conveyed to the adoptive parent. As family courts generally place the wellbeing of any minor children above other concerns, they base any decisions on the best interests of the child or children in question. This includes visitation, decision making, and more.
In this manner, you remove yourself without actually having to sign away parental rights. This strategy also leaves the door open for a relationship down the road.
Whatever your current issues, whatever the reasons that drove you to want to sign away parental rights in the first place, they may not always be such a barrier between you and your children. Perhaps eventually you still have hope for reconciliation.
Maybe not, but relationships change and evolve over time. Whatever problems exist, you may be able to fix them at some point.
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