Relinquishing Parental Rights

[ZILLY]

What is the name of your state?

Pennsylvania

I have just found out that the cheapest and easiest way out of an aknowledgement of paternity form is to relinquish my parental rights to the child with whom I believe is not mine. I, nor my ex wife, have the funds to battle in court.

If I go this route, what steps do I have to take and how much do you figure the cost will average?

 

[stealth2]

I doubt you can voluntarily relinquish your rights/obligations w/o Mom's consent, IF you can do it w/o a stepparent willing to adopt.

 

[ZILLY]

Not A problem

Mom will have no problem consenting to it. And she is not remarried, or planning to remarry. She has asked me to relinquish my rights. If I do, which I have no problem doing since the child is not mine, she can then enforce a support order on who she believes to be the bio-dad.

 

[stealth2]

LOL Until she realizes that it cuts off the support. Also, many states will not allow a voluntary TPR w/o a stepparent adoption. I have no idea if PA is one of them.

 

[ZILLY]

She knows

Well, we do have another child together who is my bio-child. The oldest is not my bio-child. So, necessarily, this will not stop the support order.

So, in order for me to relinquish my rights, she would have to be remarried and the step-parent can adopt? What if she wants to take the bio dad in for paternity testing? Do we have to do the testing before I can relinquish my rights?

 

[stargazer0725]

The Pennsylvania Superior Court ruled that "The obligation to support one's child is not contingent upon the parent having custody." in Luzerne County Children and Youth Services v. Cottam, in order to prevent a parent from voluntarily terminating his/her parental rights in order to evade child support.

In your case, voluntarily relinquishing your rights does not get you out of paying the ordered support - it just gets you no legal say or visitation with the child.

Whoever told you to simply sign a paper relinquishing your rights was wasting your time. It appears that in the state of PA, parental rights and obligations are 2 entirely separate issues. Your best bet is to work with the biomom and possibly split the cost of a DNA test so she can go after the real father for support (or fork out the money yourself), or hire an attorney to force the support agency's hand.

 

[VeronicaGia]

What is the name of your state?

Pennsylvania

I have just found out that the cheapest and easiest way out of an aknowledgement of paternity form is to relinquish my parental rights to the child with whom I believe is not mine. I, nor my ex wife, have the funds to battle in court.

If I go this route, what steps do I have to take and how much do you figure the cost will average?

Not to mention the fact that you cannot relenquish your parental rights to a child whose parent has not been established. In other words, the child right now has no legal father. Therefore, how can you relenquish your rights to a child that isn't legally yours?

 

[brisgirl825]

Not to mention the fact that you cannot relenquish your parental rights to a child whose parent has not been established. In other words, the child right now has no legal father. Therefore, how can you relenquish your rights to a child that isn't legally yours?

I believe that this poster signed a paternity affidavit.

 

[VeronicaGia]

I believe that this poster signed a paternity affidavit.

I see I misread the post. I thought he was trying to get out of signing a paternity acknowledgement by terminating his rights. Duh to me!!!

 

[brisgirl825]

I see I misread the post. I thought he was trying to get out of signing a paternity acknowledgement by terminating his rights. Duh to me!!!

Glad to help.

 

[bononos]

In Pennsylvania, you CANNOT voluntarily relinquish/terminate your parental rights unless it is to an agency, such as Children's Services, or through adoption to a step parent.

 

[annefan]

In Pennsylvania, you CANNOT voluntarily relinquish/terminate your parental rights unless it is to an agency, such as Children's Services, or through adoption to a step parent.

.......Not true.

 

[ZILLY]

So

What is the truth?

 

[stargazer0725]

The truth is that you can relinquish your RIGHT to visitation and relinquish your RIGHT to have a say in how your child is raised, but you can NOT relinquish your OBLIGATION to support the child until such time that someone else is ready to step in and support the child (via adoption by a step parent or via involuntary termination by a state agency because they think you are a danger to the child).