My H has been fighting with OW for over four years to see OC. During a recent discussion with OW lawyer, we were informed that she wants my H to relinquish his parental rights and responsibilities. What does this mean? As we understand it, this would put OC in the full custody of OW, and my H would no longer have any rights to visitation or <img border="0" title="" alt="[Confused]" src="images/icons/confused.gif" /> ?

Does this mean that his child support obligation would end?

Would he still owe arrears?

Would his name remain on OC birth certificate?

In Colorado, from what information we have gathered, the court will require counseling for my H and the OC, would OC's wishes be taken into consideration? She's only four years old.

Can OW do this without my H's permission?

If my H decides to relinquish and OW changes her mind, can she force him to continue responsibility if he were to decide that relinquishment is in OC's best interests?

Any advice or information would be appreciated. My H is planning to speak with a lawyer later this coming week.

</font><blockquote><font size="1" face="Verdana, Arial">quote:</font><hr /><font size="2" face="Verdana, Arial">Originally posted by TheMourningAfter:
<strong> My H has been fighting with OW for over four years to see OC. During a recent discussion with OW lawyer, we were informed that she wants my H to relinquish his parental rights and responsibilities. What does this mean? As we understand it, this would put OC in the full custody of OW, and my H would no longer have any rights to visitation or <img border="0" title="" alt="[Confused]" src="images/icons/confused.gif" /> ?

Does this mean that his child support obligation would end?
**If he signed away parental rights, yes. If he gave her full physical and legal custody, no.

Would he still owe arrears?
**I'm not sure

Would his name remain on OC birth certificate?
**Unless the OC was being adopted, as far as I know yes it would remain..

In Colorado, from what information we have gathered, the court will require counseling for my H and the OC, would OC's wishes be taken into consideration? She's only four years old.

Can OW do this without my H's permission?
**NO - unless she can proved abandonment, and can't find him - no this cannot be done without his permission

If my H decides to relinquish and OW changes her mind, can she force him to continue responsibility if he were to decide that relinquishment is in OC's best interests?
**Once the papers are signed, that's it.

Any advice or information would be appreciated. My H is planning to speak with a lawyer later this coming week. </strong></font><hr /></blockquote><font size="2" face="Verdana, Arial">I hope you don't mind my giving advice. A lot of people get confused about the difference between giving up legal/physical custody and signing their parental rights away. Most states won't allow a parent just to sign their rights away unless someone else is "in the wings" so to speak to adopt the child - and won't allow it especially if they have an interest in being in the child's life.

From what I know of this, if he gave up his rights, he would not be able to get vists or anything, but still have to pay child support. And no, she can't force your H to do this.

Only if he gave up his rights to physical and legal custody. I have a "parental agreement" with xMM that gives me full legal and physical custody but also gives him very liberal visitation rights. There's a huge difference between physical/legal custody and parental rights.

That sounds alot like what I found out in 2 hours of web surfing not alot of literature on the subject... thank you for the reaffirmation! <img border="0" title="" alt="[Smile]" src="images/icons/smile.gif" />

Check your state laws.

Our xow says her ex signed away all parental rights to their kids in exchange for no-child-support, but IF she ever gets state/federal aid, I *think* the state would still force him to pay child support.

Signing away rights is enforcable, but the no child support is just an agreement between the two of them, NOT legally recognized by the state. He's at the mercy/whim of the mother and the state. And IF your state also tallies BACK child-support regardless of the time passed, you can be financially ruined! Not all states look for back support, though.

Again, check your state!

Good luck.

As JM said, there is a difference between "waiving" rights and terminating rights.

Waiving rights means you don't want any visitation or legal/physical custody, but you ARE still responsible for child support. Any parent can do that, but can then also go back in the future and petition the court for visitation/joint or partial legal custody etc...

Terminating rights virtually only happens when another man wants to adopt the child. (or there is some bizarre criminal thing) At that point you are no longer required to pay support, but you can't go back later and change your mind. Support continues until the day the adoption is finalized, but any arrears still must be paid. Terminated is just that...terminated. There is no changing your mind later. In virtually every state where a father is paying support, even if there is no visitation, termination is only voluntary, meaning the courts will not MAKE a man terminate his rights if he doesn't want to, even if he doesn't see the child, provided he pays support. Termination can only be involuntary when the mother can claim "abandonment" which means the father has not seen or paid any support to a child for a certain amount of time. That time limit is different in many states and can be a couple of months or a year. And at that point yes, the mother can change the birth certificate and the child's name to the adoptive fathers.

As I'm atttempting this process, I've gotten a lot of facts from my attorney...Hope they help!

:-)

Oh also, ONLY an adoption attorney can handle that legal process for you...her/your regular family law attorney can't.

I'm not sure why though....My lawyer said adoption attornies have to have special qualifications or certifications or something...