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Relinquishing Parental Rights

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ahni

Guest
re: voluntary relinquishment

Boxcar,
I have contacted my local courthouse and was told if I could find the paperwork I could file voluntary relinquishment papers myself and the judge would accept it. As long as the other parent agreed to do this voluntarily. He is the one who opted to do this, based on stating he cannot afford the child support and as you know from what I have previously stated I do find it in the best interest of my child. Do you know where I can find the appropriate paperwork online? I have contacted attorneys and the lowest quote is 1100.00, this is something I cannot afford at this time. Thank you for the direction to this thread of information. I don't quite understand how the back child support is paid after relinquishment of rights? Let me make sure I have it clear. It stops current child suport, medical and any other conditions stated in the divorce decree. (He has never abided by any except child support and only for about a year now.) This the reason for the 30,000.00 in arrears. But, I do NOT have to have an adoptive parent ready to take over responsibility as long as I can prove I can care for him on my own. Correct?

I appreciate all the information.
Ahni
 


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TeenSafety

Guest
Parental rights of punative father

I have a legal question. In the state of California, I have a great nephew (infant) that was born positive Tox to Meth. The state of california took the baby and placed it temp. with the grandmother. She also wants to adopt the baby. The grand mother is a single 50 year old that works 60 hours a week. My husband and I have offered to adopt the baby since we were already in the process of adoption in Michigan. The baby is with the maternal grandmother. I am a great aunt on the the bio-fathers side. We just found out that my nephew (the infants father) is in prison for theft. Can we have the bio father sign over his paternal rights to us?

There is always opportunity in crisis.

Thanks in Christian Love
 
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stealth2

Under the Radar Member
It would REALLY help if new questions were posted in new threads and posters didn't hijack threads with similar questions. Going through 3 pages of (old) posts to get up to speed on the current question gets really old. START YOUR OWN THREAD!
 
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Boxcarbill

Guest
Re: re: voluntary relinquishment

ahni said:
Boxcar,
I have contacted my local courthouse and was told if I could find the paperwork I could file voluntary relinquishment papers myself and the judge would accept it. As long as the other parent agreed to do this voluntarily. He is the one who opted to do this, based on stating he cannot afford the child support and as you know from what I have previously stated I do find it in the best interest of my child. Do you know where I can find the appropriate paperwork online? I have contacted attorneys and the lowest quote is 1100.00, this is something I cannot afford at this time. Thank you for the direction to this thread of information. I don't quite understand how the back child support is paid after relinquishment of rights? Let me make sure I have it clear. It stops current child suport, medical and any other conditions stated in the divorce decree. (He has never abided by any except child support and only for about a year now.) This the reason for the 30,000.00 in arrears. But, I do NOT have to have an adoptive parent ready to take over responsibility as long as I can prove I can care for him on my own. Correct?

I appreciate all the information.
Ahni
If the order of termination is granted and I cannot emphasis how important it is to have an attorney do this, all rights, privileges and duties are terminated except for the right for the child to inherit from the father unless the court order (drafted by an attorney) also states that this right is to be terminated as well. Shop for an attorney. In all reality, the granting of a termination has a slim to no chance of success if you attempt to do this yourself. There is no reason why you cannot find an attorney who will do a voluntary termination for much less. There is no service of process cost in a voluntary relinquishment and that saves on court cost and because it a Voluntary Relinquishment of Parental Rights, it is uncontested and the opposing party does not need to appear. Shop for an attorney.

Arrears: Federal law provides that arrears cannot be reduced or eliminated by the courts. Because this is federal law, every state is bound by the inability to alter child support arrears. Only a change in federal law is going to alter this. The obligee, in this case you, can forgive the arrears if the arrears are owed to you. If you received taxpayer money (welfare), then the arrears are to reimburse the taxpayers for money that they spent on the child and you cannot forgive a debt that is not owed to you but is owed to the taxpayer. Clear?
 
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ahni

Guest
Boxcar,
Very clear! Yes I will shop around for the right attorney. No there are not any funds due to any other entities. I have always cared for my child on my own without any assistance (gov. e.g.) OK I was afraid I was going to get way in over my head. Thank you.
If I do not forgive the arrears he will balk at the termination. So it is worth it to get is done and overwith.

Thanks again,
Ahni
 
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lovingdaddy2

Guest
check with a paralegal

Idea - It worked for my husband - "he" Just had to file a "Request to Reconcider" ("ex wife" got case dismissed) "he" had no $$ for a attorney , I have been doing all his paper work for him (sidekick hard work wana be paralegal lol) :eek: - it got to hard so we looked through the phone book under paralegals found one that who husband happened to be a Attorney - she was a paralegal - we took our "Paper" down there for her to look at more like a book 3 ring binder of stupied stuff - Well to make it short - it took her husband, his paralegal and herself to do our paper for "Request to Reconcider " and a Answer to her motion to dismiss" and full evening :D :D We won !!!! Our case got reconciderd ( ex wife should have fought jurisdiction 4 years ago ) It only cost us 320.00 so look in your phone book and see if you can find a spouse that is both one is a Attorney and one is a Paralegal -
 

stealth2

Under the Radar Member
Boxcarbill said:
[This post is one of those that I never saw.] Don't know what kind of deal IAAL has but I doubt that I have even a similar deal. I have written a few times on what I think about typos, omitted words, misspelling, punctuation errors and other grammatical errors in this forum and over in litigation. If I can decipher substance of the post , I don't worry too much about the form.
You take me too seriously. ;)
 

TLWE

Member
Grace, OOPS! My mistake...

sorry about that!

A bit under the weather here, and wasn't paying as close attention as I should have.:)
 

Grace_Adler

Senior Member
I told you I have a shot of whiskey here with your name on it and it will knock that mess right out of you. LMAO! :D ;)

Seriously though, I hope you feel better. :p

Shoot, when I'm in a hurry, not feeling good or I just want to get the general idea of something I skim over stuff and miss things too sometimes. :)
 
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kmike

Guest
clear and convincing?

BCB
thank you for the link to 133132, very informative, another question though reguarding...

"The only thing that one can be sure of is if the parent whose rights are sought to be terminated wishes to defend against the termination, there will be a trial and the one seeking termination carries the burden of proof and that burden of proof is "clear and convincing."

First off, whose responsibility is it to find the missing 'parent'? I have no idea where to start to find him. Also, I was told by a number of people that all I would have to do is put an ad in the paper where I though he lived announcing the proceedings and that would be enough. Is that true?
Next, what is considered "clear and convincing" evidence? A normal person would think that abandonment before birth would be enough to prove a person unfit. I have always been concerned that a person could just come waltzing back years later to upset a childs life when it finally becomes convenient for the absent parent. That, in my opinion, is definately NOT in the best interest of the child. In my situation, my child does not need a strange guy showing up and only being around when its best for him and braking promises and treating her and her mother badly and all of the stress that would arise from just having him around. Shes almost old enough now where she will ask why he left and I dread when he will tell her something to the effect of 'I left because I had better things to do."
I have spent the last three years surrounding her with people who love her more than life and will not leave her. My biggest concern is her growing up feelling unimportant or unloved or worse yet, getting into relationships later in life where she is being used and is unloved. I know if the 'sperm donor' was actually a wonderful person and was reliable and loving and had my daughters' best interest at heart, first off he would not have left to serve his own purposes, but, I would have no problem with him seeing her- that is IF he was a great person. But I dont need to spend the rest of her life explaining to her why he didnt show or why he didnt call on another birthday. She, and every other cild, needs good loving people in her life, and without him, she does.
 
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Sandman-XX

Guest
Boxcar..

Interesting reading.. in a case of children not wanting any contact with their parent, and the mother is out of the visitation/custody picture, with an aunt having temp. custody, would, as the children, about 16 and 17, having stated they do not want to live with the father, and having no cantact for almost 2 years, would it be self-serving of a parent then to terminate PR ?
 
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Sandman-XX

Guest
Grave..

I've heard tales that TPR didn't stop current CS.. ever heard of that?
 
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