relinquishing parental rights?

[Susan1]

What is the name of your state (only U.S. law)? NH

My ex and I have a 3 year old son. Recently his visitation was modified to supervised in a visitation center. There is a final DVP in effect. He is allowed to have his mother contact my attorney to schedule the visitations. A couple weeks have passed but I have not heard anything from him about scheduling any visitations.

Yesterday my attorney called to schedule a meeting with me for this Wednesday. He informed me that my ex had called him and asked to relinquish his parental rights. From what I've read 100+ times on this message board, he is not allowed to do that. I asked my attorney, "Is that even legal since I don't have anyone to adopt (minor childs name)?" And my attorney responded with, "It doesn't matter, he can still do it."

I do have a bf that I have been living with for almost one year and we are planning to get married. We are NOT currently married. I thought you needed to be married for 2 years to do a step-parent adoption? And I thought a court would not approve a termination of parental rights without a pending adoption?

Is my attorney confused or am I???

 

[momofrose]

There has to be extenuating circumstances for a court to allow termination of parental rights without a step parent to adopt. No - your boyfriend can not adopt this child.

D

 

[Isis1]

What is the name of your state (only U.S. law)? NH

My ex and I have a 3 year old son. Recently his visitation was modified to supervised in a visitation center. There is a final DVP in effect. He is allowed to have his mother contact my attorney to schedule the visitations. A couple weeks have passed but I have not heard anything from him about scheduling any visitations.

Yesterday my attorney called to schedule a meeting with me for this Wednesday. He informed me that my ex had called him and asked to relinquish his parental rights. From what I've read 100+ times on this message board, he is not allowed to do that. I asked my attorney, "Is that even legal since I don't have anyone to adopt (minor childs name)?" And my attorney responded with, "It doesn't matter, he can still do it."

I do have a bf that I have been living with for almost one year and we are planning to get married. We are NOT currently married. I thought you needed to be married for 2 years to do a step-parent adoption? And I thought a court would not approve a termination of parental rights without a pending adoption?

Is my attorney confused or am I???

this is what i found for New Hampshire....

Section 170-C:5 Grounds for Termination of the Parent-Child Relationship.

maybe i missed it, but it doesn't seem to state anything about a mandatory step-parent adoption. maybe dad was refering to terminating his visitation rights? those can be terminated or ceased by his own request.

 

[Susan1]

this is what i found for New Hampshire....

Section 170-C:5 Grounds for Termination of the Parent-Child Relationship.

maybe i missed it, but it doesn't seem to state anything about a mandatory step-parent adoption. maybe dad was refering to terminating his visitation rights? those can be terminated or ceased by his own request.

The father doesn't fit any of the criteria in that link.

He is a felon, but not stemming from violent crimes involving me or any children.

He has failed to "support, educate or care" for the child for more than 6 months but that is because he doesn't want to pay child support.

He also doesn't fit the criteria for abandonment because while he hasn't seen or had contact with our child in over 6 months, that was due to a restraiing order. It has only been voluntary lack of contact for a couple weeks.

The father would never refuse visitation if child support would continue to accrue so now I'm even more confused with what he and my lawyer seem to think can legally be done in this situation.

 

[Susan1]

Update with question

At my last hearing (motion for contempt due to non payment of child support) my attorney pressed me once again about filing for termination of parental rights for my sons father.

I told my attorney that a termination did not seem possible. He replied that it was important for me to file because if something ever happened to me (death/serious injury etc) my son's father would automatically get custody of him. This worries me as his father is a violent man (hence restraining order and supervised visitation) and has not seen our son in over 9 months. He clearly has no plans to resume a relationship since he was granted supervised visitation 2 months ago and has not attempted to schedule any visits. He told my lawyer that he is happy with his two new babies and wants to just wash his hands of this situation.

I did not receive a solid response last time about whether a termination is possible in this circumstance. Is this laywer merely trying to fleece me for as much money as possible? If I will not be granted a termination of parental rights why would I waste my time - and large amounts of legal fees - by filing?

Also, is it true that the NCP automatically gets custody of the child in the case of death of CP, even if they have no relationship with the child?

 

[Humusluvr]

Also, is it true that the NCP automatically gets custody of the child in the case of death of CP, even if they have no relationship with the child?

From what I understand from asking my own questions here, if you die the people who have been caring for the child can file for stand-by guardianship. This would allow them to have guardianship until the NCP became acquainted again with the child, and then he would get custody. He is the other parent - you have to remember that. Unless the child is adopted by a step parent, and then the adoptive parent would retain custody.

That's one of my worst fears too.

 

[OldandTired]

Also remember, just because a parent chooses to terminate the Parent-Child relationship does not relieve them of their obligation to support the child.

 

[Susan1]

Also remember, just because a parent chooses to terminate the Parent-Child relationship does not relieve them of their obligation to support the child.

I stopped waiting around for him to support his child a long time ago! He's paid less then $400 in over 3 years.

I have been through the contempt process three times now, but it never helps. They took his drivers license, he didn't pay. They reported him to the credit bureaus, he didn't pay. This time around the judge ordered him to pay $400 towards his arrears within 14 days - which of course he didn't - or they would issue a capeus (spelling?) for his arrest.

When he didn't pay, I called the child support office to inquire about the capeus and my caseworker literally told me she is too busy to bring him to court to get the capeus issued. I'm not going to waste my time on it anymore.