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.

[I AM ALWAYS LIABLE]

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

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?

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?

[I AM ALWAYS LIABLE]

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

thank you. i will pass that info on. going to repost my question i a new thread...would appreciate if you could respond.