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Can a non custodial parent give up his scheduled visitation due to not wanting to see the kids anymore?
Anonymous2 views2 answers
Yesterday I had gotten a phone call from the non custodial parent wanting me to come and pick up the kids early from their visitation because he couldn't handle them and didn't want them there anymore. I was able to get him to talk with the children and they ended up staying for the rest of their visit, but he had told the children that if they didn't want to come back to see him they didn't need to and he'd be ok with it. The children don't want to go back to his house so I'm wanting to know can I get a signed document from him excusing the kids from the visitation until I can get a scheduled court date to do a modification? And would that declare him giving up his parental rights by not wanting the children? Thank you.
Formally giving up his legal rights is a court process. You should get a signed document from him indicating he does not want to visit any more so that he does not come back later and say you kept the kids from him. You do not have to file a motion with the court to change the custody arrangement, you can have an attorney draw up a stipulation and have him sign it in front of a notary public giving you sole legal and physical custody. Is he willing to pay the increased child support that goes along with a no visitation order?
If he will agree to sign a stipulation, and have the stip notarized - a proper stip drafted by an attorney (you cannot do this yourself) - giving up his parenting time, which stip will then be sent to the court for filing, then you very likely won't have to go to court at all. Be clear, a stip is NOT just a letter between parents.
If he is unwilling to sign stip then you should get a hearing and mediatioin set imediately. A letter from him excusing visits would be useful if he says you did not allow visits but it is NOT a perfect protection from contempt and failure to follow orders might still get you in trouble eveb if you get a letter from him.
No. A stipulation would NOT terminate his parental rights. To finally terminate bio dad's parental rights you would probably need a step parent father living with you who is willing to adopt but that means that steparent could also be liable for child support.
Thomas Neil is a Sacramento attorney, representing clients in court in Sacramento and in surrounding counties. Or, if you cannot afford full representation then, for much less, Mr. Neil can instead write you the forms and declaration you need, and help you serve them, and you go to court by yourself. A well written declaration by an attorney, supported by proper evidence, will GREATLY increase your chances of sucess in court. Our office takes credit cards.
Thomas A Neil
3224 El camino Avenue
Sacramento, CA 95821
(916) 446-4153
