QUESTION

Can a mom give up her rights to the dad through a notary?

Asked on May 12th, 2019 on Child Custody - Texas
More details to this question:
My husband and the mother of his kids have half custody. The kids have been in his care for more than 5 years , the mother is on child support but hasn’t payed for more than 2 years nor visits them or sees them .. they have came to a agreement and she will give up her rights to the kids . Now my question is can we go through a notary Her giving up her rights to the father ? And if yes will we still need to go to court so the judge can approve it? And will the child support be automatically canceled?
Report Abuse

1 ANSWER

Children Attorney serving Fort Worth, TX at The Law Office of Zoe Meigs, P.C.
Update Your Profile
A notary may be able to notarize the affidavit of relinquishment of parental righs, but that is the only thing a notary may do. Very specific language is required, and a notary is not qualified to advise you about the language in the affidavit.  This is a very technical area and most people require the representation of an attorney to do it correctly.  You will need to return to the court that made the orders in place now, and ask the court to termiante the rights of the mother.  Many courts will not agree to do that unless a step parent is simultaneousy petitioning the court to adopt the child, but I do not know what your court prefers in this regard.  The court makes the ultimate decision whether or not to terminate the mother's parental rights. IF the court does not make that order, then even if mom has signed an agreement, her rights are not termianted and her child support arrearage and obligation remain in place. The child support will not be automatically cancelled. The court order must state that the support obligation is terminated.  If the orders were done with the Office of Attorney General involved, most likely that office must also be involved in the suit and must approve whatever you are attempting to do with respect to the child support arrearage and child support obligation going forward.    
Answered on May 20th, 2019 at 11:52 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters