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my finacee and I have been raising his sister for 5yrs. and her father hasn't really been in her life. And now he has decided to give up his parental rights so we in the future can not get him for child support. Which we dont care cause we dont want his money. but anyways he doesnt know how to do it and neither do we so does anyone know what is the first step he or we have to do so he can give up his parental right over to us.

2007-06-11 07:33:40 · 2 answers · asked by antonia d 1 in Politics & Government Law & Ethics

2 answers

Sorry Ryan's Mom, but you're wrong. He *can* terminate his parental rights (this is how it is done in a regular non-family adoption cases with birth fathers / mothers). It is called voluntary relinquishment. This is a tricky legal process, so I recommend that you talk to a family law attorney. I assume that you are the temporary legal guardians of this child? In case of an emergency (like say she has to go the hospital) -- are you allowed to take her or does he? Is he claiming her on his income tax? Where is your finacee's mom who is the mother of this child? If she is still alive she will also need to terminate her parental rights in order for you to adopt her. It helps that you are family. It will help speed stuff up since you are already responsible for her day-to-day care.
You can probably find a family lawyer to talk to "pro bono" (free) if you guys have a financial hardship case.

2007-06-11 07:57:48 · answer #1 · answered by Carolyn R 3 · 0 1

He can only do that if your fiance is able to legally adopt her. A parent cannot just give up their rights just because they want to. Adoption or the state taking away their rights because of neglect or abuse is the only options. That is what I said in the first place. An adoption needs to take place in order for the parent to give up their rights. If a parent could just give up their rights just because they wanted to without an adoption there would be a lot more women on public assistance because the other parent would not have to pay child support!

2007-06-11 14:38:53 · answer #2 · answered by Ryan's mom 7 · 0 0

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