evys10 said:
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