My husband wishes to terminate his rights .....?

Question

But the mother of the child will not file the papers for her husband to adopt the child . She has claimed that my husband has abandon the child which in fact she kept her from him since day one and even more so now because he got married to me . We have three children together and for her to withhold the child ,yet ask for an outragous amount of child support and my husband has told her if she askes for money then he has the right to see her and everyitme she tells him like hell she is my kid and her daddy and I will never let her see you .But SHE STILL WANTS MONEY ...this child has no idea who her real father is and as far as she knows the person she calls daddy is her dad ...ARGGGGG So wht can he do to teminate his rights to this child

Answer 1

I know it is frustrating and difficult especially when you see it taking away time and money from your children but you and he have to see that there is a child at the other end as well.

In most states you cannot voluntarily terminate your parental rights unless someone is stepping up through an adoption. If that did happen he would no longer have child support rights either. If that is not the case, the only other way is to have the state initiate proceedings to force you to give up your rights because you are unfit (something that would jeopardize his rights to the other children as well).

If the child thinks of mom's husband as daddy than he should proceed with the adoption. Mom will lose child support however. In order to get a dialogue going dad should file papers to enforce his parenting time with the child. He should ask for typical parenting time - every other weekend, etc. If mom really doesn't want that to happen - she will move on the adoption. If mom lets it happen - that is even better! Dad will get to establish a relationship with daugher, she will know her true dad, her step-mom,. her half-siblings, etc.

Good luck.

Answer 2

First of all, your husband can't simply terminate his parental rights honey. It doesn't work that way. She can claim abandonment, but it won't hold water since she holds him accountable for financial obligations. What you can do, since the child is still young, is file a petition for visitation. By doing this, you can bring that child into your family, get to know that child and do what is right. You can also file a petition to reduce the child support amount since your husband has another family to support. And it's not complicated to do either. Simply go to your state's website, search under your county, get the courthouse information and then download the files from there. It's free to get the forms. They are easy to fill out, come with instructions and the filing fees will be around $50. To me, that's a small price to pay to give this little girl her daddy back. It's also a legal way that this lunatic mother can't refuse visitation. In the long run, it's worth it. If you don't and this has turned into a matter over money, that little girl is going to grow up and show up on your doorstep one day demanding some answers. You sound as though you have a great family. Take the time now to make her a part of it. And if you do it legally, the mother can whine and complain all she wants, there isn't a damn thing she can do about it. Your husband is her father, he will be her father and she should have that right to get to know him and her siblings, as well as her stepmom who seems to be the one who truly cares about her best interests. Who knows, if enough visitation is granted, the tables may turn and the mother may appear to be causing emotional harm to this child by refusing visition to the father and refusing the little girl a chance to bond with her siblings. I've seen it happen alot. I know it's frustrating, but honey, she's just a little girl....she deserves a family, not some nutcase of a mom using her for a meal ticket. You can do this if your heart is in the right place.

Answer 3

She can not receive child support unless the child has visitation with the dad, she can receive support if the paternal father wishes to terminate his rights.That would end if the child was adopted by her current husband, which sounds like won't happen, because its money theyr after. Terminating his rights would fall right into her lap.

Answer 4

Get a freaking parenting plan, she will be legally required to abide by it. BTW, child support is based off a standard calculation, a mother cannot just select some random dollar figure, the child support amount is determined by the state.

She probably refuses to terminate his parental rights because she fears losing her child support. I have no idea why she doesn't allow the child to see it's father but maybe it's your additudes?

Answer 5

Most states will not allow a parent to voluntarily give up parental rights just to get out of support. Either he has to be found to be an unfit parent by the state due to neglect or abandonment or she has to remarry and have a husband who is willing to adopt the child and in the adoption process he can give up his rights. Good luck.

Answer 6

You need to take her to court. Perhaps use the unfit mother routine since she only wants the child for an income. Instead of terminating rights, your husband should sue for custody.

Answer 7

If he pays child support, he has the right to see that child. Slap the mother with a custody/visitation suit, drag her into court.

Answer 8

He will still have to pay child support. If he terminates his rights, he is simply saying he no longer wishes to have an emotional relationship with his child. He can and likely will still have a financial relationship. I would go to court to get visitation rights.

Answer 9

I suggest a paternity test to check if he is the father or not.
You will need to take it to court i think- but are you sure that your husband wouldn't rather see and spend time with his child than give up his rights. sounds a little harsh to me

Answer 10

From what I was told, he can terminate his rights, but that doesn't end his child support. He still owes his child that much.