QUESTION
If one of the parents gave a verbal agreement to give up rights and has been out of the child’s life for a year could right be taken away legally?
Asked on Apr 01st, 2018 on Child Custody - South Carolina
More details to this question:
About two years ago the father of my daughter took me to court and there was a temporary visitation placed for a year. At the one year mark instead of making it permanent he agreed to give up his rights. Both of our lawyers then advised us that no judge would allow him to sign over his rights. Now a year later I want to know if I could permanently get then removed legally because I don’t want him to try to come back when he’s has had nothing to do with my child since.
1 ANSWER
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Stephanie E. Emanuel, Esq.
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A parent can turn over their rights, to child custody however they can not terminate their rights as a father. No judge will allow someone to relinquish their rights to avoid child support. However, if there are issues such as domestic violence, unfit or improper parent, negligence and abuse, or even abandonment, you can retain Full Custody of the child, both legal and physical. You will have to forego Child Support. There is a slight chance that you may even be able to completely turn off his rights, if you can get someone else to adopt the child as a father and he agrees to do so. If you require additional information, feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.
Answered on Apr 01st, 2018 at 6:27 PM