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Relinquishing Non-Custodial Parents Rights
Anonymous9 views2 answers
My boys father has completely walked out of their lives a little over one year ago. His reason for doing so was due to my filing child support against him. I know this because he disappeared after he got notice from the courts to appear. My question is, do I have probable cause to send a request to the courts for his rights to be terminated? Also, if I were to do this and it was granted, does this mean he does not have to pay child support anymore? Although he isn't fit to have them in his life unsupervised, he is obligated to help support them. He would sign over his rights in a heartbeat, if that meant he could get out of paying child support. I don't want that to happen, because my boys deserve to have the support of their father, even if he wants nothing to do with them. Thank you!
Edmund Lee MontgomeryFamily Law AttorneySan Bernardino, CA ·
You cannot terminate a parent’s parental rights without someone else ready and willing to take over the responsibility. The courts will not leave a child without two parents.
If you are remarried and your new spouse wants to adopt them you could do it. Terminating his parental rights stops all of his responsibilities for the children including child support.
Lauren Brooke HemmanFamily Law AttorneyStockton, CACA licensed ·
In California, it is possible for the custodial parent to petition for the termination of parental rights if the non-custodial parent has not provided child support or visitation for a full year. But terminating parental rights is a serious issue which the courts take seriously and does not allow the termination of parental rights if it is just an issue of resolving child support or custody issues. The courts will takes into account that a child needs a father and a mother and will decide on what is in the best interest of child. In the end, you'll end up in a lose-lose situation if you pursue the termination of your ex-spouse's parental rights because he will no longer be obligated to pay any support nor have the responsibility to visit his kids.
