How do I get my child’s father to sign his parental rights over to me and do I have to go to court? 10 Answers as of January 16, 2013

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John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
You can't because a parent can only voluntarily relinquish parental rights as part of an adoption and an adoption requires "going to court".
Answer Applies to: Colorado
Replied: 1/16/2013
Parental rights can only be terminated by court action. He cannot sign away his rights. You need to file a Petition to Terminate parental rights. The self help center at the Clark County Family Court has the forms you need.
Answer Applies to: Nevada
Replied: 1/16/2013
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
Yes, in order to terminate parental rights it needs to be done via a court order and you would have to go to court or do it in the middle of an adoption case.
Answer Applies to: California
Replied: 1/16/2013
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
You may be confusing two different options. If you want sole custody, you can obtain that without him signing over his rights. There are very few reasons why you should want the father to relinquish his rights. If he is not acting as a father should, that is his problem and the child will become aware of that own his/her own, however, he is and should be responsible for the child(ren), both emotionally & financially. You should not release him of his responsibilities simply b/c he's not actively being responsible. With sole custody, you will have sole care & control of that child, however, the father is still financially responsible even though he has no say so in the major decisions of their lives (which you would have). If you would like to discuss your options and you are an IL resident, feel free to contact our office for a free 30 minute consultation.
Answer Applies to: Illinois
Replied: 1/16/2013
John Russo | John Russo
You need to first see if your jurisdiction has an abandonment statute, if they do then you need to determine if he meets all of the prongs of the statute, if he does then you need to file a petition in the family court for termination of his parental rights, with that you will also need your new spouse, and/or fiance to file a companion petition for adoption, you need both can't have one without the other, if he contest the action it could be very difficult to accomplish. and yes this would require going to court , he could sign a piece of paper saying he gives up all his rights to you, etc, etc, but in the end it would not be worth the paper it is written on. This is a very complicated legal process which I doubt you are equipped to handle without seasoned counsel.
Answer Applies to: Rhode Island
Replied: 1/16/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Are you the mother or the step-father? If the mother, you cannot in Idaho unless somebody is willing to step in and be the father. If you are the step-father, you have to go to court and adopt the child and the father would sign a consent as part of the adoption process.
    Answer Applies to: Idaho
    Replied: 1/15/2013
    Thompson Law Firm, PLLC
    Thompson Law Firm, PLLC | William Matthew Thompson
    You can't make him unless you go to Court and prove that the Court should terminate his rights. He could potentially agree, but that may not even work if the Judge does not approve it.
    Answer Applies to: Mississippi
    Replied: 1/15/2013
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    You don't unless and until you are remarried and the husband does a step-parent adoption which the father must consent to.
    Answer Applies to: Florida
    Replied: 1/15/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Need more information but, generally, you will have to go to court to make the agreement enforceable.
    Answer Applies to: Michigan
    Replied: 1/15/2013
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Can't "sign away" parental rights.? If you do not have sole/primary custody then you need to get a court order. This e-mail is covered under the Electronic Communications Privacy Act, 18 USC 2510-2521, and is legally privileged. The information contained in this e-mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.
    Answer Applies to: Michigan
    Replied: 1/15/2013
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