My son has nothing to do with his father (or vice versa I suppose). After many years of fighting, the father has finally decided that signing over his paternal rights will be more beneficial to him than court battles for child support. However, I have been told by a few people that the state of California will not award full guardianship to a single parent, so as not to "bastardize" the child. Is this true? If so, are there any loopholes? If it is NOT true, where do I start and what is the process?
2007-11-25 17:38:42 · 15 answers · asked by legomymego01 2 in Politics & Government ➔ Law & Ethics
Perental rights cannot be "signed over." A judge must approve any change in parental rights and/or responsibilities. California will not change the name of the putative/presumed father on the birth certificate, and will assume that a child conceived during marriage is the child of the husband. That is where the state will not bastardize the child. However, a DNA test that disproves this will allow the biological father to move the Court to determine that he is the father.
This is different than what you are asking. Giving up parental rights for purposes of adoption or guardianship does not change who is the father. It merely changes who is the guardian. It may shift responsibility depending upon the order. And is always subject to change if the circumstances warrant re-evaluation. Orders involving support, custody, guardianship and well being of children are always subject to modification.
An order terminating the father's rights will not terminate his responsibilities for the most part, unless it is determined that the child will be properly supported. Even in that circumstance, Courts are not likely to absolve one parent of responsibility. Again, the main concern is the child. Not the petty arguments between the parents.
2007-11-25 18:03:40 · answer #1 · answered by Toodeemo 7 · 0⤊ 0⤋
It's not easy to do - basically it's every child's right to be supported by both parents, and the state will not let you "make a deal" to exchange custody for child support. Since child support for everyone gets paid by the non-custodial parent to the state and then from the state to the custodial parent, it's almost impossible to work around especially if he has any arrears, etc. The only thing you can do is file for full custody, you'll go through mediation,etc. and if he just plain doesn't show up to that or the court date you have the best shot at getting full custody. I'm not sure if you can drop child support or not - it really depends on if you already have a child support order or not and if the DCSS is already involved. You COULD tell the judge that you're sick of trying to squeeze blood from a turnip and that you just want it dropped for now and see how it goes.
2007-11-25 17:50:01 · answer #2 · answered by Flusterated 7 · 1⤊ 0⤋
If the father is willing to give up his rights then you can file a petition to terminate parental rights. You do not necessarily need an attorney a paralegal can do the same thing for less. If the father agrees than he will respond to the petition with an attached declaration stating he wishes to relinquish all parental rights voluntarily.. This can happen as long as you can prove to the court that you are fully capable to take care of the minor on your own. Meaning mostly financially.
2007-11-25 17:52:34 · answer #3 · answered by Heather A 2 · 0⤊ 0⤋
A father should not stop being a dad. If some distance is truly needed, then so be it. But the state should never sever this bond, unless someone's safety is in danger. Remember that "the family" gives power to the state, not the other way around.
2007-11-25 17:47:54 · answer #4 · answered by roarfy 2 · 0⤊ 0⤋
it is half true. just because he is a worthless dad and wants to give up parental rights, don't mean that the state should now have to pay for a child that he made. that is the reason, if you are wealthy and do not or will not be getting anything from the state including medical, food stamps or any other program it might work, i say hang him by his balls till he at least pays for what he help make , whether he likes it or not.
2007-11-25 17:46:07 · answer #5 · answered by Anonymous · 0⤊ 0⤋
first of all you need to sit down with a lawyer and your sons father and draw up papers saying he would like to give up his rights to the child and when he does that it will go to a judge and a judge will ask him if thats true and probably an explanation and then will either grant that full costudy be given to you or that you both still share custody of him.
2007-11-25 17:43:18 · answer #6 · answered by Bre 2 · 0⤊ 0⤋
only b/c a mom has sole custody, would not recommend the dad has signed away his rights. No, it extremely is not uncomplicated, in spite of the incontrovertible fact that it probable occurs greater in lots of circumstances whilst mothers and dads do no longer possibly be attentive to one yet another (ie. a a million nighttime stand). maximum single mothers want baby help and visit great lengths to get it. If that's your baby we are conversing approximately and you are the dad; i think of you ought to compliment. possibly you probably did no longer want this baby interior the 1st place, yet he/she is right here now and you have a acceptable to be a ascertain whether she likes it or no longer.
2016-09-30 04:31:38 · answer #7 · answered by delsignore 4 · 0⤊ 0⤋
You must file a Petition to Terminate Parental Rights...easiest way is to go see a lawyer
2007-11-25 17:46:18 · answer #8 · answered by Anonymous · 0⤊ 1⤋
In order for you to do this properly you will need to get a lawyer. First of all, you need to know what the law actually says, not what "people" say it is.
2007-11-25 17:42:20 · answer #9 · answered by Richard B 7 · 0⤊ 0⤋
Get an attorney
2007-11-25 17:41:27 · answer #10 · answered by Anonymous · 0⤊ 0⤋