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Relinquishing Parental Rights

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marcus_n_tonya

Guest
You found a state where step-parents can actually file for custody? Holy Moses! Now that is almost unheard of, very cool but almost unheard of. I dont know of a site specifically about terminating parental rights but most states have sites where their laws are listed and you can usually find the info in there. In Missouri it is in the Juvenile Section
 


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marcus_n_tonya

Guest
AH .... Still the first I have heard of it. And still really cool to know. Thanks!
 

Grace_Adler

Senior Member
Thank God someone came along to clear all that up.

A good friend of mine had her ex's rights terminated to their child and he's not responsible for support either. Nor is there any adoption. The parental rights were terminated, he's not responsible for support and that's it in a nutshell. This happened in VA.
 
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Boxcarbill

Guest
Cmelice, I['m bringing this lengthy discourse back up to the front page for your benefit. I don't want to repeat myself.

Also, at the bottom of the right hand side of the opening page is a window and above the window is written "Search this forum." Type in "termination of parental rights" or whatever you want to search for and it will bring threads on that subject.
 

tigger22472

Senior Member
WOW WOW WOW... I have had the papers for Voluntary Relinquishment of Parental RIghts sitting here for a while (Thanks Doreen) waiting to have the money to file for the adoption.

For one I want to bump this up...
LMSP, when you found out that if both parents agree did you find out for sure if we need to have adoption in this state? I'm curious. If we don't these papers are in the mail.
 
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Lil Miss Smarty Panties

Guest
Dang I knew someone was going to ask me that. I don't recall it saying that there had to be an adoption in place but it said something about having a plan as to how the child would be provided for. I'll see if I can find the site again that I found that info on. I think it was accessindiana.com
 

tigger22472

Senior Member
That would so work because here's my thinking.... If I get dad to voluntarily reliquish his rights without adoption... then being their only legal parent I could get their name changed to my last name without going through the adoption process. That has to be cheaper then adoption and a lot less stress...
 
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Lil Miss Smarty Panties

Guest
Read this over and see if it's the one that explains it. I have to go cook so I can't look anymore right now. :D

http://www.in.gov/judiciary/center/pubs/benchbooks/juvenile/juvterm.pdf
 
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ChevyGirl

Guest
Just wanted to add that last year my stupid brother-in-law was seeing his child regularly, but was about $5,000 in arrears for support so he had the bright idea to sign over his child and terminate his own rights, and he still had to pay child support and insurance until the child was legally adopted by its step-father. And, there was nothing in the agreement that said the arrears would be dropped when the child was adopted, so he is still paying on that also.
 

VeronicaGia

Senior Member
ChevyGirl said:
Just wanted to add that last year my stupid brother-in-law was seeing his child regularly, but was about $5,000 in arrears for support so he had the bright idea to sign over his child and terminate his own rights, and he still had to pay child support and insurance until the child was legally adopted by its step-father. And, there was nothing in the agreement that said the arrears would be dropped when the child was adopted, so he is still paying on that also.
That's because he will still have to pay the arrears, as it was money already spent on raising the child. It is typical to have to continue to pay on arrears, unless both parents agree otherwise, and even then a judge could order the obligor to pay them anyway.
 
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ChevyGirl

Guest
Yes, I do know that but thanks for the clarification for others. What I was saying was that since he didn't know to get her to agree to drop it, he still has to pay it. Thanks anyway!
 

Grace_Adler

Senior Member
I just wanted to add, in case anyone with a case in NC needed to know, that NC works exactly the same way.

TPR's also terminate all current and future child support. Arrears will always be owed, unless they are owed to the CP and the CP chooses to forgive them. TPR's are permanent, as if you were never the child's parent. (I always thought that was self explanatory.)

There is a small window of time to change your mind on a voluntary TPR, I believe it's 10 days here.

In NC, most judges will not agree to a TPR unless social services is doing it or an adoption is taking place. Not to say a TPR can't happen without an adoption or DSS being involved because it can, just not normally. It was explained to me that the reason judges are reluctant to sign TPR's without an adoption or DSS being involved is because it is a money issue. The state wants to make sure that if the child ever goes on any type of welfare that they have someone to go after to pay it back. (Which is exactly what I had already thought.)

Also, NC is the same as in there doesn't need to be any grounds for voluntary relinquishment for parental rights but there does for involuntary. Like I said, they really don't want to sign unless there is an adoption or DSS is pushing it. The grounds have to be proven and the parent who the action is against can fight it, naturally.

A child can still inherit here as well, unless there is an adoption. Once the adoption is final, they would inherit from the person who adopted them, not the biological parent whose rights were terminated.
 
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