QUESTION
How do I get the father of my child to sign over his paternal rights?
Asked on Aug 23rd, 2011 on Child Custody - Oregon
More details to this question:
I am not married and the father of my child, who made no efforts to contact me or the child during pregnancy or the child's life so far, does not want to be involved in the childs life in any way. I am in the process of moving. What is the best way for him to 'sign over his rights?'
17 ANSWERS
He has no rights if you were not married. So there is nothing to sign over - unless you both had entered paternity orders at some point. If you did, it is more complicated, but if he is okay with you moving, you can simply have him sign a note that you gave him notice and he consents to you moving to the city/state you plan to move to.
Answered on Aug 24th, 2011 at 7:21 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If his rights have not been established by a judge or hearing officer, then you don't need to do anything, as you are the custodial parent by default. However, he will continue to have potential rights that may be established in the future should he change his mind. He cannot simply "sign over his rights" to you, as he also has financial obligations to the child that will never go away until the child emancipates. You should consult with an attorney before making any agreements or taking any actions, including relocating out of State.
Answered on Aug 24th, 2011 at 6:30 PM
Roianne Houlton Conner
You would have to petition the Court to terminate his parental rights.
Answered on Aug 24th, 2011 at 5:38 PM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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His parental rights can only be terminated if there is another individual who will adopt the child (e.g., step-father).
Answered on Aug 24th, 2011 at 5:36 PM
Family Law Attorney serving Las Vegas, NV
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The Law Offices of Mandy J. McKellar
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It would require you to file a Petition to terminate parental rights and then having him respond with a consent to terminate. All of these documents are located at the Family Court Self Help center.
Answered on Aug 24th, 2011 at 5:14 PM
Steven D. Dunnings
He can't "sign off his rights". Protective services would have to conduct an investigation, after receiving a complaint of abuse and neglect to see if there is conduct warranting court intervention, and possibly termination of parental rights. From your statement's, his conduct does not rise to that level. If he hasn't seen the child and does not care to, then don't worry about it.
Answered on Aug 24th, 2011 at 4:55 PM
You need to terminate his parental rights. This is a legal proceeding. Our firm offers legal consultations (via office/phone/skype) throughout NC for a fee of $75.
Answered on Aug 24th, 2011 at 11:20 AM
This response does not establish an attorney-client relationship nor is it an acceptable substitute for seeking legal advice.
In Georgia, if a child is born out of wedlock, the father has no legal rights concerning the child until he obtains a Court Order stating that he is the Legitimate father of the child.
Answered on Aug 24th, 2011 at 10:28 AM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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File a paternity action and request he have reasonable visitation.
Answered on Aug 24th, 2011 at 10:13 AM
Patricia C. Van Haren
You may prepare a stipulation and order that you have sole legal and physical custody and request that the father of the child sign the stipulation. Otherwise you may file a motion with the court which grants you sole custody based on the father's failure to pursue a relationship with the child.
Answered on Aug 24th, 2011 at 10:10 AM
In Nevada, a Relinquishment of parental rights would terminate his custodial rights, but not your ability to seek support at some future date; a formal termination of parental rights would terminate both.
Answered on Aug 24th, 2011 at 8:58 AM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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A father's parental rights terminated unless someone is going to adopt the child and take his place (or if CYF does it). If and when that happens, then he would not have any duty of support or any ability to file for Custody/Visitation. Until then, he can agree to let you move and you can agree to not file for Support (but both decisions are modifiable if it were to be in the best interest of the child to change them).
Answered on Aug 24th, 2011 at 8:53 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Most of the time a court will not allow his rights to be terminated unless someone is going to adopt the child in his place...ie a stepparent.
Answered on Aug 24th, 2011 at 6:25 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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He can only do so if there is someone who's going to take over his responsibilities by adopting your child.
Answered on Aug 23rd, 2011 at 8:48 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Simply stated, he can't "sign over his rights" because so far he doesn't have any right other than the right to ask a court to give them to him. Unless and until he actually tries to assert or get some rights, there isn't really anything you need to do. And, if you attempt to file a paternity case to have him declared to be the father, a court won't accept him "signing over his rights" because that could result in letting him off the hook for child support and courts never let a parent off the hook until there is another parent to take over (as in adoptions).
Answered on Aug 23rd, 2011 at 7:56 PM
Glen Edward Ashman
He can't. He has no rights unless he legitimizes the child. There is nothing to sign. And he is required to support the child for 18 years. You cannot violate the child's rights and waive that.
Answered on Aug 23rd, 2011 at 7:20 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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He cannot relinquish his parental rights unless the child is adopted.
Answered on Aug 23rd, 2011 at 7:19 PM