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Voluntary Termination of Parental Rights in AR

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jenifer00

Junior Member
What is the name of your state (only U.S. law)? Arkansas

The father of my 4 1/2 year old daughter has agreed to terminate his parental rights. He is not on her birth certificate, but there is a court order for child support (for which he is in contempt of court for non payment). What do I need to do to get his rights terminated? He hasn't initiated any contact with her, and I didn't know if I would need to do this, since his name isn't on the birth certificate.
 


cyjeff

Senior Member
Huh?

Allow me to clarify.

The law demands a child have two parents when at all possible. Therefore, one parent cannot decide that he/she doesn't want to have a child anymore.

You cannot just decide to not be a parent. Unless there is someone else that the court deems worthy of adopting the child in the stead of the absent parent, that parent stays the legal parent.

There are some very rare cases where one parent can be removed, but they really don't happen with any frequency... and if dad is paying, the courts will want him to continue to do so.

he is responsible for his portion of the child's financial needs.
 

psubaby08

Member
deleted previous post because this is the clarified version of what i wanted to say so sorry i probably could have written clearer before. I was just restating what i have read on other posts which I do think she should go back through and read over some suggestions that have already been given to people by senior members to get an idea.

https://forum.freeadvice.com/search.php?searchid=2121679 if you click that link itll take you to the page that has dozens of posts about terminating parental rights.
 
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jenifer00

Junior Member
I understand that the courts may want two parents, but he is only a parent on paper. He hasn't been around for her whatsoever, he doesn't even acknowledge her as his child. I'm not just deciding that I don't want him to be the father. He never wanted to be in his daughter's life. I just want things to be easier on me and my daughter for in the future. I don't want him to be legally able to make decisions on her behalf (which I seriously doubt he will try to do...but I want to make sure he can't even try). Also, as far as the child support, I am aware that in AR, the child support order stands even though he relinquishes his rights. He is the one that has made the decision to be absent in her life. All I want to do is to make sure that I have full and sole custody. He doesn't want to be in her life, and by the way he's behaving, I'd rather he stay away, too. I just need to know how to go about making it happen.
 

Just Blue

Senior Member
I understand that the courts may want two parents, but he is only a parent on paper. He hasn't been around for her whatsoever, he doesn't even acknowledge her as his child. I'm not just deciding that I don't want him to be the father. He never wanted to be in his daughter's life. I just want things to be easier on me and my daughter for in the future. I don't want him to be legally able to make decisions on her behalf (which I seriously doubt he will try to do...but I want to make sure he can't even try). Also, as far as the child support, I am aware that in AR, the child support order stands even though he relinquishes his rights. He is the one that has made the decision to be absent in her life. All I want to do is to make sure that I have full and sole custody. He doesn't want to be in her life, and by the way he's behaving, I'd rather he stay away, too. I just need to know how to go about making it happen.
What you don't seem to understand is that a court will not deliberately (unless the situation is dangerous to the health of the child) orphan a child.

Ar will not order child support to continue once a TPR has gone through. A TPR would mean he is no longer the father of this child.

I suggest YOU do YOUR JOB a a parent and get to court and file a motion of contempt for non-payment of child support.
 

Ohiogal

Queen Bee
I understand that the courts may want two parents, but he is only a parent on paper. He hasn't been around for her whatsoever, he doesn't even acknowledge her as his child. I'm not just deciding that I don't want him to be the father. He never wanted to be in his daughter's life. I just want things to be easier on me and my daughter for in the future. I don't want him to be legally able to make decisions on her behalf (which I seriously doubt he will try to do...but I want to make sure he can't even try). Also, as far as the child support, I am aware that in AR, the child support order stands even though he relinquishes his rights. He is the one that has made the decision to be absent in her life. All I want to do is to make sure that I have full and sole custody. He doesn't want to be in her life, and by the way he's behaving, I'd rather he stay away, too. I just need to know how to go about making it happen.
DOES NOT MATTER. He cannot terminate his rights.
 

Humusluvr

Senior Member
Helpful and interesting reading, via Google

Termination of Parental Rights--

Definition: A termination of parental rights means that the person who
was the natural parent of a child no longer has any rights or responsibilities
to that child.

Rights: Rights regarding a child include the right to decide what kind of
education, health care, religion, morals and values the child should have.
Custody rights and visitation rights are also associated with children.

Responsibilities: Responsibilities include the duty to provide food,
clothing and shelter for the child, provide all necessary child support,
daycare, etc.

A parent whose rights have been terminated has the same rights and
responsibilities toward that child as a complete stranger. Such a parent is
not responsible for any support, nor is that parent allowed to have any input
or influence over the education, teaching and upbringing of that child. In
fact, a parent whose parental rights have been terminated does not even
have the right to see or contact the child.


There are two ways by which parental rights may be terminated:

Voluntarily--

The natural parents may voluntarily consent to the termination of their
parental rights, such as when an adoption is being permitted, and the child
will live with new adoptive parents. Court approval is required for this kind
of proceeding.

Parental rights may be terminated voluntarily with the written consent of a
parent who for good cause desires termination. Even if both parents are in
agreement that parental rights should be terminated, the Court must
address whether the termination is occurring for good cause. "Good cause"
is not defined in the statute, but has been applied in some cases.

In one case, a Supreme Court examined the purpose and intent of the
statute to determine when good cause could be found. The purpose of the
statute is:

· First, to enable the judicial system to legally remove a child from a
destructive or unhealthy home environment without the consent of the
natural parents, and,

· second, to facilitate adoption procedures by providing a means by which
existing parental rights may be voluntarily terminated.

In light of these purposes, the Courts of Appeals have consistently ruled
that a voluntary termination of parental rights for reasons other than to
facilitate adoption works a substantial detrimental effect on a child, who will
be forced to look solely to his custodial parent to meet all of his needs.

The effect is that District Court Judges are extremely reluctant to terminate
parent's rights voluntarily and certainly not where the termination is not
agreed upon by the custodial parent. It is also clear under the law that a
non-custodial parent cannot claim that the termination of parental rights is
being requested in order to remove the child from a destructive or
unhealthy home environment, since the petitioning party is not custodial
parent.

The likelihood of obtaining an order terminating parental rights is also
reduced if the custodial parent is provided public assistance through the
county. Obviously, the county does not want to financially support children
when a parent who has that obligation is available. Even a non-custodial
parent's lack of contact with a child and belief that the parent could not care
for a child financially may insufficient to provide "good cause" for a
voluntary termination of parental rights. Some courts do not allow you "to sign over your rights." Meaning, some type of agreement between you and the other parent is meaningless to the court or to the child support enforcement agency.

In most cases signing over physical parental rights does not relieve the parent of their financial obligation unless the other parent agrees. If however, the rights are being relinquished so the child can be adopted, the court will dismiss child support obligations.

Courts are concerned with the child's welfare and nothing else. Whatever is in the best interest of the child, whether it is emotionally, physically, financially, is what will decide how the judge rules.

It is important to recognize that the reasons that may give rise to an involuntary termination of parental rights may not apply to a parent who seeks to voluntary termination his/her parental rights. They certainly would not apply if the custodial parent did not agree to the termination. For example, the abandonment provision only applies to involuntary terminations of parental rights --not voluntary ones.

Involuntarily--

Parental rights may also be terminated involuntarily. To terminate these rights involuntarily, the moving party must demonstrate that the natural parent or parents have abandoned the child.

Abandonment is demonstrated by showing that the parent has, by conduct continuing for a period of at least six months, either evidenced a settled purpose for relinquishing parental claim to a child, or has refused or failed to perform parental duties. A petition to terminate parental rights may be filed by either parent, an agency supervised by the Department of Public Welfare and providing adoption
services, or an individual having custody or standing in loco parents to the child.

Note: As a general rule, courts are reluctant to terminate parental rights when one parent feels that another parent is unfit. Even if one parent has lots of flaws, courts are hesitant to simply relieve a parent of his or her duties to properly raise the child and pay for the child's expenses.

It is extremely difficult to terminate parental rights, and courts will do so only in rare circumstances.

The parent-child relationship is a fundamental right of all persons. As a result, the burden of proof necessary to terminate parental rights is quite high. Parental rights may only be terminated involuntarily if it is shown by clear and convincing evidence that one of the following apply:

* Abandonment. Abandonment takes place where there is an intention to forsake the duties of parenthood. The Court may infer this intention when a parent fails to visit a child, refuses to accept responsibility for the child, and a fails to provide financial or emotional support to the child.


* Failure to Provide Parental Support. Rights may be terminated when there is clear and
convincing evidence that a parent has substantially and repeatedly neglected to comply with the
duties of a parent such as the duty to provide necessary food, clothing, shelter, education, and
other care necessary for the child's physical, mental, or emotional health and development. This
only applies if the parent has failed to provide support without good cause. In other words,
parental rights cannot be terminated if the parent is physically and financially unable to provide
support


* Failure to Provide Financial Support. Rights may be terminated when a parent has been
ordered to pay child support or to financially aid in the child's birth and has continuously failed
to do so despite having the financial ability to do so.


* Unfit Parents. A parent that is unfit may have parental rights terminated if it can be shown that
the parent has demonstrated a consistent pattern of specific conduct before the child or of
specific conditions directly relating to the parent and child relationship which renders that
parent unable, for the reasonably foreseeable future, to care appropriately for the ongoing
physical, mental, or emotional needs of the child. Significantly, there is also a presumption that a
parent is unfit if his/her parental rights were terminated to another child in the past.


* Foster Care Placement & Continued Parental Problems. Parental rights may be terminated if a
child has been placed in foster care because of issues that make a parent unfit and following that
placement reasonable efforts, under the direction of the court, have failed to correct the
conditions which would allow the child to be reunited with the parent. Additionally, rights may
be terminated for child neglect to the degree that the child is placed in foster care.


* Egregious Harm to Child. If a child has experienced egregious harm in the parent's care, which
indicates a lack of regard for the child's well-being parental rights may be terminated.


* Conviction of Crimes. A parent's conviction of certain crimes may also form a basis for the
termination of that parent's rights.


When making a termination decision, the court is to rely "not primarily on past history, but to a great
extent upon the projected permanency of the parent's inability to care for his or her child."
 

AHA

Senior Member
I understand that the courts may want two parents, but he is only a parent on paper. He hasn't been around for her whatsoever, he doesn't even acknowledge her as his child. I'm not just deciding that I don't want him to be the father. He never wanted to be in his daughter's life. I just want things to be easier on me and my daughter for in the future. I don't want him to be legally able to make decisions on her behalf (which I seriously doubt he will try to do...but I want to make sure he can't even try). Also, as far as the child support, I am aware that in AR, the child support order stands even though he relinquishes his rights. He is the one that has made the decision to be absent in her life. All I want to do is to make sure that I have full and sole custody. He doesn't want to be in her life, and by the way he's behaving, I'd rather he stay away, too. I just need to know how to go about making it happen.
Do you have a husband that is willing to adopt the child? If not, her father will remain her father even if he doesn't pay cs or see the child.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Arkansas

The father of my 4 1/2 year old daughter has agreed to terminate his parental rights. He is not on her birth certificate, but there is a court order for child support (for which he is in contempt of court for non payment). What do I need to do to get his rights terminated? He hasn't initiated any contact with her, and I didn't know if I would need to do this, since his name isn't on the birth certificate.
Bottom line: Its not going to happen unless you are married and your husband wants to adopt the child.

And no, you cannot have another relative adopt her as the second parent. It either has to be your husband, or you would have to give up your parental rights as well.
 

MomFightsBack

Junior Member
If you are not married or engaged to a man willing to petition for step parent adoption, ask your mom or some other close family member that you trust to petition for adoption. In order for the adoption to take place, you must first terminate the parental rights. So once that's done, and this is why it has to be someone you trust, simply change both your minds about the adoption.

The court systems are extremely poor at taking character into considderation when giving sperm donors parental rights, and it does nothing but give a free pass to bad parents, and bad human beings, to get away with their behavior and face no consequences for things like abandonment.

Fight fire with fire. No lawyer will condone doing this, but do what you have to do to do what YOU think is in the best interest of your child, not some judge who didn't put up with the years of abuse, withheld child support, absenteeism and all the other things that make mom's want to wipe out any rights dads have.

Child support and child support enforcement are a joke. If parents don't want the responsibilities that come with kids, they shouldn't get any rights either.
 

Ohiogal

Queen Bee
If you are not married or engaged to a man willing to petition for step parent adoption, ask your mom or some other close family member that you trust to petition for adoption. In order for the adoption to take place, you must first terminate the parental rights. So once that's done, and this is why it has to be someone you trust, simply change both your minds about the adoption.

The court systems are extremely poor at taking character into considderation when giving sperm donors parental rights, and it does nothing but give a free pass to bad parents, and bad human beings, to get away with their behavior and face no consequences for things like abandonment.

Fight fire with fire. No lawyer will condone doing this, but do what you have to do to do what YOU think is in the best interest of your child, not some judge who didn't put up with the years of abuse, withheld child support, absenteeism and all the other things that make mom's want to wipe out any rights dads have.

Child support and child support enforcement are a joke. If parents don't want the responsibilities that come with kids, they shouldn't get any rights either.
Ummm this post is over a year old and most likely the OP is NO WHERE around any longer. As for the courts taking character into consideration -- why should they take more consideration than the person who willingly spread their legs and had sex with the other. If you allow someone to impregnate you -- or you impregnate someone else -- do not criticize the courts for not considering that person's character because apparently you didn't when you had sex with them. In other words, have a bit more care before you start screwing around. In other words mom -- don't be so free with who you open your thighs for. Because before the courts are poor at taking the "sperm donors" into consideration apparently the incubators screwed up in who they chose to allow to make the donation.
 

Proserpina

Senior Member
The court systems are extremely poor at taking character into considderation when giving sperm donors parental rights, and it does nothing but give a free pass to bad parents, and bad human beings, to get away with their behavior and face no consequences for things like abandonment.

The law views sperm donors and sperm receptacles in exactly the same way. The decision that BabyMomma and/or BabyDaddy is NOT fit to be a parent should be made BEFORE actually sleeping with that person.

Fight fire with fire. No lawyer will condone doing this, but do what you have to do to do what YOU think is in the best interest of your child, not some judge who didn't put up with the years of abuse, withheld child support, absenteeism and all the other things that make mom's want to wipe out any rights dads have.
Please, take your agenda elsewhere. This is NOT the place.

Child support and child support enforcement are a joke. If parents don't want the responsibilities that come with kids, they shouldn't get any rights either.

Bitter much?


OG, I'm sorry to rehijack this old thread but I had to say something. :mad:
 

Ohiogal

Queen Bee
The law views sperm donors and sperm receptacles in exactly the same way. The decision that BabyMomma and/or BabyDaddy is NOT fit to be a parent should be made BEFORE actually sleeping with that person.



Please, take your agenda elsewhere. This is NOT the place.




Bitter much?


OG, I'm sorry to rehijack this old thread but I had to say something. :mad:
You don't have to apologize to me -- I did my own little education because I had to say something as well.
 

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