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  1. #1
    Join Date
    Dec 2005
    Location
    USA
    Posts
    3

    Default Voluntarily giving up parental rights

    my husband has a 13 yr old son whom he hasnt seen since he was less than a year old, here is the brief on what happened

    in 1992 my husband was married to his first wife and discovered she was having an affair, my husband left the state, they had been married for less than 2yrs.

    in 1997 (after 5 yrs of no contact with either the wife or the child) his THEN wife contacted him with a decree of divorce and child support, he signed them, he was in the military at the time. My husband has been paying child support on this child since 1997, and his medical.

    in 98 I met and married my hubby(1999) and we now have two children together. My husband has just gotten out of the military after 7 yrs, now he wants to give up his paternal rights to his firstborn, as the child has had NO verbal, written or otherwise contact to my husband since the age of about 1. His ex has remarried, has another child and the boy(my hubbys firstborn) calls the step-dad, Dad.

    What steps does my hubby need to take to voluntarily give up his parental rights to the child?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,203

    Default Step-Parent Adoption

    Assuming they're willing, he could consent to a step-parent adoption by the mother's new spouse.

  3. #3
    Join Date
    Dec 2005
    Posts
    6

    Default

    Yes, i am in the same situation..We need help!!
    My husband was in the marines for 10 years. He was previously married and had 3 children in wich he thought was his. After the divorce (because he found out she was cheating and had another man living in his house with his kids-while he was away on duty) she decides to tell him the middle child was not his. What i did not mention was she waited to tell him until 2 years AFTER divorce was final, and the statue of limitations was up for him to contest & he had no time to contest it anyways, because he was out on duty. Well when we got married, she got mad and took him to court for child support, as if she was not already getting enough taken out through the marine corp. Anyways to make a long story short, he is ordered to pay for a child that is not his because they were married at the time and he signed birth certificate. He wants to give up his rights to that child, because she has him calling the step dad, Dad and we also know child support goes to everything else, drinking, drugs ect, and not to the children. What we want to know is this..How do you go abouts giving up parental rights in the type of situation? And is it as easy as drawing a paper up having mother agree to it, and having it notorized? Or is this the type of situation that is gonna cost lots of $$ and having to get a lawyer involved?? We talked to a lawyer and he said because statue of limitations is up, and even if paternity test says he is not the father, he still is obligated to pay-and get this- BECAUSE the paternity test says he is NOT the father he has no rights to give up..Now this makes NO sence at all. So in short, even though paternity proves he is not the dad, they were married at the time and did not contest it in time, and he still has to pay even though he is not the dad, and he has no rights to give up if paternity proves he is not..All we want is to have her agree (she said she would when paternity test comes back) for him to give up parental rights, and stop the child support for this child. If she agrees, is it good enough without having to involve lawyers? By the way we live in Florida if it matters.
    It seems she keeps on winning. Why should men have to pay, just because they trust thier wives? He has already paid a huge price, and she keeps getting more. If anyone can help-please, please do so.We need it so much!
    ThankS!!

  4. #4
    Join Date
    Oct 2006
    Posts
    2

    Default Re: Voluntarily giving up parental rights

    Quote Quoting Maliaha
    View Post
    Yes, i am in the same situation..We need help!!
    My husband was in the marines for 10 years. He was previously married and had 3 children in wich he thought was his. After the divorce (because he found out she was cheating and had another man living in his house with his kids-while he was away on duty) she decides to tell him the middle child was not his. What i did not mention was she waited to tell him until 2 years AFTER divorce was final, and the statue of limitations was up for him to contest & he had no time to contest it anyways, because he was out on duty. Well when we got married, she got mad and took him to court for child support, as if she was not already getting enough taken out through the marine corp. Anyways to make a long story short, he is ordered to pay for a child that is not his because they were married at the time and he signed birth certificate. He wants to give up his rights to that child, because she has him calling the step dad, Dad and we also know child support goes to everything else, drinking, drugs ect, and not to the children. What we want to know is this..How do you go abouts giving up parental rights in the type of situation? And is it as easy as drawing a paper up having mother agree to it, and having it notorized? Or is this the type of situation that is gonna cost lots of $$ and having to get a lawyer involved?? We talked to a lawyer and he said because statue of limitations is up, and even if paternity test says he is not the father, he still is obligated to pay-and get this- BECAUSE the paternity test says he is NOT the father he has no rights to give up..Now this makes NO sence at all. So in short, even though paternity proves he is not the dad, they were married at the time and did not contest it in time, and he still has to pay even though he is not the dad, and he has no rights to give up if paternity proves he is not..All we want is to have her agree (she said she would when paternity test comes back) for him to give up parental rights, and stop the child support for this child. If she agrees, is it good enough without having to involve lawyers? By the way we live in Florida if it matters.
    It seems she keeps on winning. Why should men have to pay, just because they trust thier wives? He has already paid a huge price, and she keeps getting more. If anyone can help-please, please do so.We need it so much!
    ThankS!!

    i know how you feel and it doesn't really matter to anyone but we are the ones who suffer.......

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