QUESTION

If both parents agree, can a father sign away his parental rights?

Asked on Aug 06th, 2012 on Child Custody - Oklahoma
More details to this question:
My ex has primary custody of my 2 sons. I have since married another woman and have a daughter now. My sons are mean to my new wife and daughter. I cannot get them to listen and behave, their mother has talked badly about me and my wife to them, they do not respect me or my new family. I have been layed off from work and have little income and my ex keeps threatening me with legal action. Its all I can do to keep a roof over my new family's head let alone pay my ex child support. Would this help the situation?
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14 ANSWERS

Child Custody Attorney serving Malvern, AR at Law Office of Gregory Crain
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No.
Answered on May 24th, 2013 at 2:23 AM

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Personal Injury Attorney serving Pacific, MO at Melvin G. Franke
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No.
Answered on May 24th, 2013 at 2:20 AM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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You can only voluntarily relinquish your parental rights and responsibilities in connection with an adoption by another person. Until that occurs, your financial obligation will not terminate no matter what you say.
Answered on Sep 07th, 2012 at 5:16 PM

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Dave Hawkins
No. In Wa. state, there is no basis in the law for a parent to terminate his own parental rights unless there is a pending Adoption Petition where another man agrees to marry you ex and adopt the child, taking on all of the financial responsibilities.
Answered on Aug 21st, 2012 at 2:30 AM

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Suzanne H. Lombardi
In Alaska a parent cannot relinquish their parental rights in order to avoid child support. It may be advisable to work with an attorney to get your child support reduced if you are no longer working.
Answered on Aug 21st, 2012 at 2:29 AM

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The only way to get out of support is step parent adoption by your ex and a new spouse. You may be able to get support reduced since you are no longer working.
Answered on Aug 21st, 2012 at 2:29 AM

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Leonard A. Kaanta
Under Michigan law even you sign away your parental right, you must pay child support.
Answered on Aug 21st, 2012 at 2:27 AM

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Cohabitation Agreements Attorney serving Cincinnati, OH at Cathy R. Cook, Attorney at Law
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You can only relinquish your rights, and responsibilities, if your ex is remarried and her husband wishes to adopt them. If you have not already done so, you should file a motion to modify your child support based on your job loss.
Answered on Aug 21st, 2012 at 2:26 AM

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Barbara A. Fontaine
You probably cannot do it, but it is a bad idea anyhow. It would also have a bad effect on your daughter when she got old enough to know that a parent can get rid of his children. Use the court to help you get a better situation with the children. They often act out . especially when they feel they are being replaced. Counselling is needed here. Your ex-wife will need to know that she is NOT supposed to badmouth you. Good luck and do the right thing, even if it is hard at the present. I have been an attorney over 30 years, so I know the consequences.
Answered on Aug 21st, 2012 at 2:25 AM

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Yes, but it is not simply an agreement between the parents. Society at large has an interest is not taking parents away from children. You should consider this very carefully. Once signed and approved, there is no going back. You don't say how old your sons are, but it does seem that they are old enough to talk and have opinions. Trust me that if they did not still love you they would not bother with their opinions. Every child of divorce fantasizes about his parents' reunion, even those who have been through abuse. Attacking your wife and their sister may be their (very inappropriate) way for vocalizing this fantasy. It doesn't make their, or your former wife's, behavior OK, but it may help explain it to you. Start referring to the daughter as "[her name], your sister" and your wife as "[her name], your step-mom". Tell them out loud and with vigor that name calling is never acceptable, especially within the family and that by insulting their sister, they are insulting both you and themselves and hurting your feelings. You can punish inappropriate behavior on their part, always within reasonable limits of acceptable forms of punishment, but you did not divorce them and they are not free to disrespect a parent or a sibling and you and your daughter are still their family, as is your wife a new member of their family, just as their mom's husband will be if she chooses to get married. Don't abandon your kids.
Answered on Aug 21st, 2012 at 2:24 AM

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Chapter 7 Bankruptcy Attorney serving Clinton, MS at Timothy Kevin Byrne Attorney at Law
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That is not a reason to abandon your responsibility to your children in this state. Adoption would be a valid reason to sign away your rights.
Answered on Aug 21st, 2012 at 2:24 AM

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Divorce & Separation Attorney serving Menasha, WI at Petit & Dommershausen, S.C.
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No not unless there is a step parent willing to adopt them.
Answered on Aug 21st, 2012 at 2:22 AM

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Litigation Attorney serving Westland, MI at Clos, Russell & Wirth, P.C.
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Terminating your parental rights does not terminate your support obligation.
Answered on Aug 21st, 2012 at 2:22 AM

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Absent an adoption or termination case by DHS a father cannot sign over his parental rights.
Answered on Aug 21st, 2012 at 2:22 AM

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