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My ex wife states she wants to relinquish her parental rights. Is this matter something we can handle at the courthouse with the proper forms or should I have an attorney handle this matter as I wish to retain my parental rights to my Daughters?
State/Country relating to Question: Kansas Already Tried: In our initial court filing no child support was ordered of my ex wife. The children reside with me and though they could see their Mother every other weekend and on other occasions by arrangement she seldom sees the kids. In fact the first time I spoke with her was today this year. I am out of work and my children receive state Medicaid. Social Services informed me that they needed information regarding my ex wife as they intended to pursue her for child support. They also obtained a copy of the initial divorce decree. She called me today and informed me she would either give up her rights or file for full custody. She asked me what I wanted her to do and said she would give me a week. She is receiving TANF and is expecting her 2nd child from her 2nd marriage on the 30th.
What state is this taking place in?
The children and I presently reside with my parents and have been since my divorce nearly 5 years ago... They assist me with child care, financial expense, and raising my children. I am presently seeking employment and have been out of work since May.
Disclaimer Laws vary drastically by state and country. It is impossible for an attorney to provide legal advice or legal services on JustAnswer. What follows is neither legal advice nor a legal service and may/not apply in your particular state. What follows is general information provided for educational purposes only. No attorney-client relationship is formed. T-USA is not your attorney. No attorney-client privilege exists. Anything you write can be used in court if discovered by an opposing party. The following information is provided for the purpose of encouraging you to seek, in person, the counsel of an attorney who is licensed to practice law in your particular state. It is essential to consult such an attorney as soon as possible. By reading further, you understand and agree to all that is written above. _____________________________________ Answer: Unfortunately, a parent cannot typically avoid paying child support by relinquishing Parental Rights. However, if a child is adopted, the parent usually has no obligation to pay child support.You should speak to a licensed Kansas attorney in person, as your wife may be supplying you with useful information should a custody battle ensue. Save all documentation regarding her statements about giving up parental rights or filing for custody to reduce child support. This is something a court would probably want to know about when evaluating a custody situation (because custody matters usually revolve around the best interests of the child). Your attorney may be able to help you prepare for such a fight, should one ensue. If you need additional clarification, please ask a follow-up question and I will be happy to elaborate. Please remember that we cannot provide legal advice/services through JustAnswer. Please click the green Accept Button for each and every answer and please remember to leave Positive Feedback. Doing so ensures I will receive credit for my time and my effort spent answering your question. Bonuses are greatly appreciated. When leaving Feedback, please remember that Feedback is left for me as an answerer, rather than the content of the answer. While I enjoy to providing customers with the answers they want to hear, doing so is not always possible. You should consult an attorney who is licensed to practice in your state about these matters. You can find an attorney licensed to practice law in your state through your state's lawyer referral services: http://www.abanet.org/legalservices/lris/directory/
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