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  1. #1
    evys10 Guest

    Relinquish Parental Rights in CA.

    What is the name of your state? California. I need to know the basics regarding the process of relinquishing my parental rights. What do I have to do? Basically, what will happen and what will my responsibilities be to my kids after this process is complete? By the way, I was never married to their mother. I currently pay child support and recently gave her full custody of our two children.
  2. #2
    I AM ALWAYS LIABLE is offline Senior Member
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    Re: Relinquish Parental Rights in CA.

    Originally posted by evys10
    What is the name of your state? California. I need to know the basics regarding the process of relinquishing my parental rights. What do I have to do? Basically, what will happen and what will my responsibilities be to my kids after this process is complete? By the way, I was never married to their mother. I currently pay child support and recently gave her full custody of our two children.

    My response:

    Take special note of the dates of the cases cited below. The laws in this type of scenario have recently changed in California.

    You need to obtain a court order / judgment to relinquish your rights. A judgment terminating parental custody and control "terminates all parental rights and responsibilities with regard to the child"--including all further child support obligations. Thus, the parent whose rights are severed by the decree may no longer be reached for future child support. [Ca Fam 7803; County of Ventura v. Gonzales (2001) 88 Cal.App.4th 1120, 1123-1124, 106 Cal.Rptr.2d 461, 464]

    Likewise, an order terminating parental rights (whether or not an adoption or other permanent placement plan has been adjudicated) completely severs the parent-child relationship, extinguishing the affected parent's child support obligation and divesting the court of authority to make a child support award against that parent. [Ca Fam 7803; County of Ventura v. Gonzales (2001) 88 Cal.App.4th 1120, 1123-1124, 106 Cal.Rptr.2d 461, 464 (Ca Wel & Inst 366.26 termination of father's parental rights); see also County of Orange v. Rosales (2002) 99 Cal.App.4th 1214, 1219-1220, 121 Cal.Rptr.2d 788, 791-791; Fraizer v. Velkura (2001) 91 Cal.App.4th 942, 946, 110 Cal.Rptr.2d 918, 921]

    IAAL
  3. #3
    rbp20720 Guest
    in the last year, my ex was told by two prominent northern california family law attorneys that even if he relinquishes his rights, he could still be required to pay support if the mother is unable to support her daughter...even if she is with a live in boyfriend. in his case, he was married to her but did not have to pay spousal support. sounds odd to have to pay for a child you legally have no ties to, but child wins favor in california period--according to attorneys.



    i'm in a similar situation, but i want the father of my child to relinquish his rights to our newborn daughter. we are not married, but he was at the birth and did sign the paperwork to be on the baby's birth certificate.

    are the same cases applicable to my situation?
  4. #4
    rbp20720 Guest
    dear I AM ALWAYS LIABLE,

    could evys10's attempt to relinquish rights be challenged or not approved by the court? specifically, what is the pattern of court ruling in favor vs. not?
  5. #5
    I AM ALWAYS LIABLE is offline Senior Member
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    Originally posted by rbp20720
    in the last year, my ex was told by two prominent northern california family law attorneys that even if he relinquishes his rights, he could still be required to pay support if the mother is unable to support her daughter...even if she is with a live in boyfriend. in his case, he was married to her but did not have to pay spousal support. sounds odd to have to pay for a child you legally have no ties to, but child wins favor in california period--according to attorneys.



    i'm in a similar situation, but i want the father of my child to relinquish his rights to our newborn daughter. we are not married, but he was at the birth and did sign the paperwork to be on the baby's birth certificate.

    are the same cases applicable to my situation?

    My response:

    I am a Family law attorney in California. Apparently, the attorney you spoke to hasn't been keeping up with the changes in the law, and was going by what USED to be the law in California not too long ago. Show the attorney my response, above, and if he has any questions or comments, then he can contact me here, on this thread. But, before he does, insist that he reads the cited cases first.

    IAAL
  6. #6
    rbp20720 Guest
    thank you. i will pass that info on. going to repost my question i a new thread...would appreciate if you could respond.
  7. #7
    rock_5353 is offline Junior Member
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    Relinquish rights -California

    Hello -

    Thanks in advance for giving out free advice. I have a quick question about relinquishing rights:

    Do I need an attorney to file this or is there a form to fill, or can I just write something myself and file with the courts?

    Thank you.
  8. #8
    Proserpina is offline Senior Member
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    Quote Originally Posted by rock_5353 View Post
    Hello -

    Thanks in advance for giving out free advice. I have a quick question about relinquishing rights:

    Do I need an attorney to file this or is there a form to fill, or can I just write something myself and file with the courts?

    Thank you.


    Please start your own thread.

    (What makes you think you can relinquish your rights so easily?)
  9. #9
    nrs11 is offline Junior Member
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    need advice

    military friend cheated on his wife the woman he cheated with said shes preg claims its his but hes not sure it is. and wants nothen to do with the other woman.what can he do?
  10. #10
    Antigone* is offline Senior Member
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    Quote Originally Posted by nrs11 View Post
    military friend cheated on his wife the woman he cheated with said shes preg claims its his but hes not sure it is. and wants nothen to do with the other woman.what can he do?
    Tell your friend to ask his own questions if he is interested.

    It is not cool to revive a thread that is over 8 years old.
  11. #11
    nrs11 is offline Junior Member
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    ok

    he would if he could he asked me to get him some info.so please grow up and some one give me som advice to give him thank you.
  12. #12
    Proserpina is offline Senior Member
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    Quote Originally Posted by nrs11 View Post
    he would if he could he asked me to get him some info.so please grow up and some one give me som advice to give him thank you.

    Are you unable to read?

    Start.
    A.
    New.
    Thread.

    Better yet? Let your "friend" grow up and take care of his own business.

    Have some buttered crumpets in the meantime.
  13. #13
    Isis1 is offline Senior Member
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    Quote Originally Posted by Proserpina View Post
    Are you unable to read?

    Start.
    A.
    New.
    Thread.

    Better yet? Let your "friend" grow up and take care of his own business.

    Have some buttered crumpets in the meantime.
    he's still replying anyway....
  14. #14
    Ohiogal is offline Senior Member
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    Quote Originally Posted by nrs11 View Post
    he would if he could he asked me to get him some info.so please grow up and some one give me som advice to give him thank you.
    Here is some advice for your "friend" -- tell him to keep his penis in his pants and not have an adulterous affair while married. Also tell him that I hope he is court martialed since he is in the military and committed adultery. Okay?
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.

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