Can a father just relinquish his fathers parental rights? 3 Answers as of June 07, 2011

I live in Southern California. Me and my husband might split up and I was wondering if he agrees to voluntarily give up his parental rights what is enough for the judge to approve? And if he doesn't agree to do it voluntarily what can I do so that courts can take his rights because he would go back to living at his moms and it is a very unhealthy and dangerous environment for my child and I don't want him over there what so ever. If he were to get his own place its only obvious he would still take my son to his mothers if he were to get any type of rights so id rather just have him give up or have the judge take his parental rights what can I do his mother is a heavy smoker so the house penetrated cigarette butts every where the house 96% of the time dirty her son in law slangs weed from her home guys are always smoking and getting high at her house even though there small kids one which she got custody over she even has a bum who has been alcoholic for years come inside her home and hang out use her rest room etc. Not even caring if she might carry some kind of disease and much more and regardless of the fact whether he gets his own place or goes back with his mom if we separate my child will end up over there with that environment and I know the only way to avoid that situation is to have him give up his parental rights please help this is a mothers worst nightmare.

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
A parent can't "relinquish" his parental rights. He can perhaps agree that he gets no custody and no visitation, but he may be unwilling to do so, and even if he does so, he could later seek custody or visitation. You should retain an experienced Family Law Attorney to represent you, to seek sole legal and physical custody of your child, as well as orders to prevent your husband from exposing your child to the unwholesome environment at his mother's house.
Answer Applies to: California
Replied: 6/7/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
He can relinquish his rights. It's a terrible step to take. You need a free consultation with an experienced Family Law Attorney. Call one in your area. The issue is complicated. There are numerous forms to file.
Answer Applies to: California
Replied: 6/3/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
No, your husband cannot just give up his rights. If there were another person to adopt in his place, then yes his parental rights could be relinquished. That said, your concerns can be addressed without terminating his rights. If you are my area, please contact me for a free consultation.
Answer Applies to: California
Replied: 6/3/2011
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