QUESTION
Is it legal to relinquish parental rights if both biological parents agree it's best to do so?
Asked on Oct 15th, 2013 on Child Custody - Utah
More details to this question:
My husband has a daughter from a previous relationship who he does not see. He has not had major contact for many years. The mother does not want him involved, will not allow calls, has told the girl her real father died in Iraq, and is extremely confrontational towards him when he is allowed visits. She refuses visits and sometimes says she'll only meet if he'll pay her (pretty sure that's illegal). We've now moved far out of state. She has asked that he relinquish his rights and in return she agrees to cancel the existing child support order (which he does pay). From my understanding, courts don't usually allow that unless another person is adopting. He does not and now can't because of distance see her. And it causes the child mental anguish and confusion when she does (the mother calls him mommy's friend while he says dad). And it was asked for by the mother. If they both feel that it is in the best interest of the child to cut all ties, is it legal to do so? We live in different states.
2 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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What she is proposing is illegal and would not be allowed. Your husband's best bet is to sue for custody. If she is such a witch, chances are the daughter would be better with him.
Answered on Oct 16th, 2013 at 9:43 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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Your understanding of the law governing termination of parental rights is highly accurate. Courts don't usually allow termination unless another person is willing to step into that parent's shoes and adopt the child as his/her own. There is no law, however, that requires a new parent to adopt the child as a precondition to terminating parental rights. If you can persuade the court that termination is best because your husband has not had major contact for many years with the child due to the mother not wanting him involved (to the point that she actively bars his calls, has told the girl her real father died in Iraq, is extremely confrontational towards him when he is allowed visits, refuses visits and sometimes conditions visits on him paying for the privilege), the court may agree with you and terminate whether there is anyone around to adopt the child. Nothing ventured, nothing gained.
Answered on Oct 16th, 2013 at 9:28 AM