signing over parental rights

[jade0326]

What is the name of your state? ohio

someone i know wants to sign over his rights to his child when it is born ( due in October). the mother of the child would agree to the father signing over his rights and agree for him to not pay child support as well. how does he go about signing over his rights. what forms are needed? does he have to go to court to do this since both parties agree? or would it be best for him to not sign any birth certificate or take a paternity test and just have the mother say that is father is absent or she doent know who to father is and have the rights relinquished that way? what is the best way to go about this and how do we do it?

 

[las365]

To whom does this guy intend to "sign over his rights"? Is there another man who is ready to take on the rights and RESPONSIBILITIES of being the father, i.e. adopt the baby?

I recommend an immediate vasectomy and that he stop having sex with women until he is ready to accept the responsibilities that may come with it. He's going to have to deal with being responsible for the life that he has already created.

 

[jade0326]

To whom does this guy intend to "sign over his rights"? Is there another man who is ready to take on the rights and RESPONSIBILITIES of being the father, i.e. adopt the baby?

I recommend an immediate vasectomy and that he stop having sex with women until he is ready to accept the responsibilities that may come with it. He's going to have to deal with being responsible for the life that he has already created.

the situation is complicated for the father the mother and myself. he wants to sign all his rights to the mother. this is something that is agreed upon on all parties, like i said the situation is complicated and we have all discussed what we what to happen and part of that is signing over his rights as a "legal father". if someone can help with some advice on how to go about and do this

 

[las365]

This isn't like giving away a puppy or an item of property. A Court is generally not going to sign off on someone abandoning his responsibilities to his child.

 

[jade0326]

This isn't like giving away a puppy or an item of property. A Court is generally not going to sign off on someone abandoning his responsibilities to his child.

the baby is the most important this in this situation and this IS in the best interest of the baby. you do not know what is going on so if you dont have anything beneficial to say please dont reply to this. like i said all parties in this agree that it would be best and if the court had to hear the situation i believe that they would agree as well. previously stated ALL parties that is including the mother of the child is agreeing to this so we just need to know how to go about doing this because it will be the best this everyone involved especially including the baby, thank you to everyone that can help us!

 

[>Charlotte<]

ALL parties that is including the mother of the child is agreeing to this so we just need to know how to go about doing this because it will be the best this everyone involved especially including the baby

Whether it is in the best interest of the child will not be your decision, nor the mother's decision, nor the father's decision. And you might be surprised how far a court is willing to go before its prepared to declare that a father losing his rights to his child is in the child's best interest.

It's not impossible, but it would very much depend upon the exact circumstances. And by "very much' I mean "entirely."

So, what you're proposing is a very complicated procedure, yet you're asking for help here while offering no facts other than child, mother, father, me (and who are you? Mom's boyfriend?), and "it's in his best interest, take our word for it."

My best guess even without knowing all the facts is--you can't. Someone here may be able to offer you advice (and please remember that it doesn't have to be what you want to hear to be good advice) but not without knowing what exactly is going on.

Also, just a little heads up: "The father doesn't want to be a daddy" is not a good reason.

 

[jade0326]

thank you clt747

thank you for your advice. so this is something that has to go to court then and cant be resolved with legal documents and what not?
just to clarify a little bit even though though the father would terminate his LEGAL right to the baby we discussed that he would still help out with financial support when needed and he would still be in the babies life (just not as daddy)
i am the fathers girlfriend and we have 2 children together. the mother plans on getting married one day and having her own family with this man and he would adopt this child while we continued with our family. the mother is also a close friend of the family. i hope this helps.

 

[>Charlotte<]

I'm not a lawyer so I can't answer your questions. I only wanted you to understand that what you're trying to accomplish is a lot more complicated than you apparently think it is. And that the people here who can answer your questions needed more information. Which you provided. And...uhh...yeah, that should do it. I'm pretty sure you're going to get lots of responses now.

 

[LdiJ]

I am going to put this in plainer terms.

It is almost impossible to get a judge to agree to terminate a biological parent's rights, unless the other parent is married and their spouse is willing to adopt and take on the legal responsibilities.

Why? Because its in the best interest of both the child and society as a whole that they have TWO parents legally responsible for caring for them and supporting them.

Therefore no, its not just as simple as filling out some paperwork. Now, dad can decide not to establish paternity in the first place, and mom can decide not to file for child support, but either of them could change their minds in the future.

 

[seniorjudge]

This isn't like giving away a puppy or an item of property. A Court is generally not going to sign off on someone abandoning his responsibilities to his child.

jade, whether you like it or not, this is a correct statement of the law.

 

[moburkes]

Legal answer, ain't gonna happen. Father CANNOT terminate his right and then ask to remain in the child's life unless the bioparents agree to an open adoption. Since mom isn't currently married an adoption by potential step-parent isn't going to happen. Why would you, the father or the mother think that this child should not have its God-given right, and public policy right, to be supported by both parents? Is mom, or will mom ever be, on public assistance?



Why did you have to be in MY state?

 

[nextwife]

i am the fathers girlfriend and we have 2 children together. the mother plans on getting married one day and having her own family with this man and he would adopt this child while we continued with our family. the mother is also a close friend of the family. i hope this helps.

Oh? Mom intends that a man she's not even married to (her future husband) WILL consent to be made financially responsible for the child she chose to have with another man? If her future husband wants to adopt a child, why wouldn't he want to go through the adoption process WITH her and together raise the child from the beginning? She is presuming an awful lot about what her future husband should do.

If this gal wants a child without a legal father, she should use a sperm bank as intermediary, he should make sure he uses the legal processes necessary to protect him, and NOT bypass the laws that protect sperm donors.

If she's already pregnant, there is likely no way he can be relieved of financial duty.

He cannot rely on fraud or her never wanting financial support.

 

[jade0326]

thank you LdiJ

Now, dad can decide not to establish paternity in the first place, and mom can decide not to file for child support, but either of them could change their minds in the future.

do you know more about not establishing maternity. this would mean that he doesn't sign the birth certificate or get a paternity test, correct?

 

[seniorjudge]

...
do you know more about not establishing maternity.

....

I'm no doctor, but I've heard that is really easy....

 

[jade0326]

If she's already pregnant, there is likely no way he can be relieved of financial duty.

He cannot rely on fraud or her never wanting financial support.

she has stated that she will not be asking for child support. she does have the means to support the baby financially on her own. yes i do know how much it cost to raise a baby i have two of them. she would still be receiving financial support from us however just through personal means and not legally, just to clarify.