What is the law regarding voluntary termination of parental rights and stopping child support?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is the law regarding voluntary termination of parental rights and stopping child support?
My husband and I are going through a divorce. He is currently paying child support but not seeing our son. We have come to an agreement he will terminate his parental rights and I will no longer seek child support present/future. Can this be done easily? What forms should we fill out? What are the steps we need to take to make sure everything is done, including stopping child support? If necessary, my new fiance has agreed to adopt our son and my ex has no objections.
Asked on August 8, 2012 under Family Law, Illinois
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I would speak with an attorney here as soon as you can. Generally speaking, the courts will not permit him to terminate the rights or support unless and until some one esle steps up to the plate to adopt him. The court has an obligation to make sure that he is supported by BOTH parents. And if you are not legally married to this other man they may not accept him for substitution of the natural father at this point in time. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.