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  1. #1

    Default Petition to Terminate Parental Rights and Adoption

    My question involves adoption law for the State of: California

    Long story... short version!

    I have a child with my ex and we havent been getting along. For one reason or another, we have BOTH agreed to terminate his parental rights and stop his child support payments and go our separate ways.

    We've gotten LOTS of different answers, so I wanted to see if anyone knows whats really going on in CA!

    I hear that someone has to adopt our son to stop all child support payments from my ex. I do have someone that is willing to do so (my father, which helps me raise my son anyways). AND my mother. But Im not sure if she can adopt him or if it needs to be a "male" figure.

    Is there a form that i can have my ex sign that will state: " that he is terminating his parental rights and allowing adoption (if need be), and will not have to pay child support any longer" ??

    I have searched and searched for a form like this and cant seem to find one! HELP!!

    Without going into further detail about my personal situation, the father (my ex) and I are BOTH in agreement to have him out of our son's life and mine as well. We (my son and I) are doing just fine financially without his child support payments, so i dont really need him financially in his life. I just dont know if i need to have someone adopt him in order to get my ex out of our lives, or if i can just have some form filled out between him and I stating that he will no longer be in our lives, physically AND financially.

    Any and all help is appreciated.

    Thanks!

  2. #2
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    Default Re: Petition to Terminate Parental Rights and Adoption

    When you marry the proposed dad (or your mother) you can approach a court about step-parent adoption. Unless and until that happens, why would a court believe that either proposal is in the child's best interest or would provide stability and support?

    There's no magic form that the father can sign to make the rights and obligations of parenthood disappear.

    If dad doesn't want to be part of his child's life, nobody's making him. If you don't want his money, nothings stopping you from returning his child support payments.

  3. #3

    Default Re: Petition to Terminate Parental Rights and Adoption

    So there is no way that a relative can adopt my son? The biological father is a "part time" father... kinda comes around when he wants to. My son barely wants to spend time with him and I would rather just drop all financial and physical responsibilities of the father so my son and I can move on.

    I have no problem sending him back his child support payments, however, he would like them to just stop coming out of his checks. Is there a way I can do that with the courts? Or would it have to keep coming out of his check and I would just have to repay him back when I get the money?

    It would be in the best interest of my son to not have his BF in his life since he is rarely around now. He spends more time with my father than anyone as I go to school full time in the day and work at night. My parents have basically taken on the roll as parents for my son. They have both suggested to adopt him but are worried that it would take away my rights as his mother.

  4. #4
    Join Date
    Jul 2006
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    Florida
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    2,773

    Default Re: Petition to Terminate Parental Rights and Adoption

    Quote Quoting californiaparents
    View Post
    So there is no way that a relative can adopt my son? The biological father is a "part time" father... kinda comes around when he wants to. My son barely wants to spend time with him and I would rather just drop all financial and physical responsibilities of the father so my son and I can move on.

    I have no problem sending him back his child support payments, however, he would like them to just stop coming out of his checks. Is there a way I can do that with the courts? Or would it have to keep coming out of his check and I would just have to repay him back when I get the money?

    It would be in the best interest of my son to not have his BF in his life since he is rarely around now. He spends more time with my father than anyone as I go to school full time in the day and work at night. My parents have basically taken on the roll as parents for my son. They have both suggested to adopt him but are worried that it would take away my rights as his mother.
    yes, your parents can legally adopt your child.

    However, it will take both you and your child's father being willing to give up all parental rights. This means that you will no longer be Mom, you will be sister, and former dad would be no one legally.

    If this is truly what everyone wants, then you, the father and your parents should get a consult with a local adoption attorney.

    ETA: How old is your son?

    How is you going from Mom to sister going to effect your son?
    Is he old enough to know the difference?

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