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Terminating parental rights of NCP

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notallbad

Junior Member
What is the name of your state? MS

Hi I hope you can assist if not, thanks for reading. My husband has a child from the result of a one night stand found out a few years later and after we were married. Anyhow, we have moved to another country without a reciprocity agreement and are not paying child support, although we did when we lived in the States. The woman has since married about 2 years ago, and have happily blended their families.

I feel that as my husband is not active in any way in this childs life it would be in her and his bests interests to terminate parental rights with the hopes of her new husband adopting her and becoming her father.

Is there a way for my husband to terminate his rights without her permission.
 


BelizeBreeze

Senior Member
stealth2 said:
.....Nope.....
Not only nope, but the minute they try to re-enter the country there will be a little surprise waiting.

Now poster, what makes you think your country doesn't have a reciprocity agreement? What country are you in?
 

notallbad

Junior Member
BelizeBreeze said:
Now poster, what makes you think your country doesn't have a reciprocity agreement?
I've checked the reciprocity agreements that the USA has with other countries and spoke with CSE myself to see. They also didn't know how they would make the man pay even if he was in another country.

And yes, terminating rights is to get out of paying support, which I have no problem admitting. My husband, because of a chronic illness cannot work, residency was taking too long in the States and so we moved back to my home country so I could continue working as a professional. We have two children ourselves that I want to have the best that life offers. This isn't my illegitimate child, so why should I pay support ?
 

AHA

Senior Member
notallbad said:
BelizeBreeze said:
Now poster, what makes you think your country doesn't have a reciprocity agreement?
I've checked the reciprocity agreements that the USA has with other countries and spoke with CSE myself to see. They also didn't know how they would make the man pay even if he was in another country.

And yes, terminating rights is to get out of paying support, which I have no problem admitting. My husband, because of a chronic illness cannot work, residency was taking too long in the States and so we moved back to my home country so I could continue working as a professional. We have two children ourselves that I want to have the best that life offers. This isn't my illegitimate child, so why should I pay support ?

First of all, the other child was already born when you two decided to have children together, so the nonsense about "don't want to pay for the first child because then MY kids won't have all the luxuries" wont fly with anyone or any court.
Second, you clearly stated in your first post that you are NOT paying cs fo the first child, so why is a $0 expense such a strain on your family's finances and your kids luxuries??
I for one, am outraged that your husband is not paying to help support a child that was a result of sex without protection and with a stranger. Illness or not, as a parent he is OBLIGATED to make sure that he can help support the children he puts in this world.
 

notallbad

Junior Member
Thanks very much for the responses.

And yes, I am very glad that her child support is not straining my finances it would suck to be paying for a child that is not mine and was the result of unprotected sex with a stranger.
 

AHA

Senior Member
notallbad said:
Thanks very much for the responses.

And yes, I am very glad that her child support is not straining my finances it would suck to be paying for a child that is not mine and was the result of unprotected sex with a stranger.

Hence no reason to complain about cs that your hubby or you are NOT paying. You've gtten away with murder, so be content about that and don't complain about another man having to pay your hubby's kid's bills.
 

racer72

Senior Member
The sad part is you see this same question asked a few times a month. And they always have the most pitiful excuse for wanting out of supporting the children they helped bring into this world. What a bunch of losers.
 

gatorguy3

Member
Well, I have researched this a little bit, but have not found anything that specifies MS yet. I found a site that talks about Parental Rights Termination in the event that the child is being adopted. I do not see anything that says by a new husband or an entirely new family, though, I am sure there are stipulations somewhere. The following is from the site:

"Uncontested Terminations

Unlike legal fathers, putative fathers can authorize a court to terminate their parental rights without going to court. There are two consensual methods by which their parental rights can be terminated without a court appearance.

The simplest method of termination involves three steps. First, the birth mom completes and files with the court a Petition to Issue Notice of Intent to Release or Consent and Notice of Intent to Release or Consent (PCA 313 and 314 respectively). Second, the putative father must be personally served with a Notice of Intent to Release or Consent (PCA 314) after it has been filed with the court and signed by the Probate Register. Third, file with the court the proof of service demonstrating that the putative father was served more than 30 days before the estimated date of confinement, which is disclosed on the face of PCA 314. The failure of the putative father to file an objection and request for custody prior to the birth of the child authorizes the court to terminate his parental rights. In other words, after the completion of the three above-described steps, the putative father’s inaction provides the court with authorization to presume his consent to the termination of his parental rights without any further efforts to notify him or seek his actual consent.

The other method of terminating parental rights of putative fathers without a court appearance allows the putative father to sign a form called Notice to Putative Father and Custody Statement (PCA 316). It notifies the court that he does not object to the termination of his parental rights. This form must be signed in front of a witness, whose name and address is also listed on the form. After the putative father signs the form, the witness must also sign the form. Once the putative father has completed this form and it has been filed with the clerk’s office, the court is authorized to terminate his rights without him ever having to appear in court.

PCA 316 affords a lot of flexibility to a putative father. It contains three options for identifying his status. Option one allows him to unequivocally acknowledge paternity and simultaneously deny ‘‘any interest in the custody of the child.’’ Option two allows him to equivocate. It states that he ‘‘may be the father of the child’’ and that he denies any interest in the custody of the child. Option three allows him to simply deny that he is the father of the child. Regardless of the option he selects, after the court receives his executed form and any other evidence it deems appropriate, it is authorized to terminate his parental rights, so the adoption can proceed.

When dealing with multiple putative fathers, one troubling issue can be identifying the actual biological father. One method, that involves some financial cost and time delay (but may provide a definitive answer), is of course DNA testing. Alternatively, either of the two methods described above for the consensual termination of a putative father can be used for the consensual termination of multiple potential putative fathers. This method lacks the scientific certainty of DNA identification of the actual father, but also avoids the potential disadvantages of the costs associated with testing multiple potential fathers. One might argue that terminating multiple fathers (without DNA testing) involves some risk that none of the men identified are the biological father, who may some day show up and disrupt the adoption. However, the adoption attorney should discuss this potential issue with his or her client and the parties select the option that makes the most sense in their set of facts."

I want to add that there is the use of the word "putative" which means "supposed" when dealing with the father. If there was DNA testing or similar then he would not qualify under the suposed description. I am not saying you should do this purely to get out of supporting the child, however, many courts might do it for the "best interest of the child" especially if your husband has had no custodial relationship with the child.
 

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