I'm sorry to hear of your dilemma.
The law in Indiana does not give either parent the right to voluntarily terminate their parental rights---and more important their parental obligation of support.
While you may make a Petition to the court to Terminate you Parental Rights, you will have to prove to the court why it will be in the best interests of your child to do so. If it is because there is a person who wants to adopt your child, the court will often allow this. If you are not an unfit parent, the court is generally reluctant to terminate your rights---and even if you convince the court to do so, your obligation of support will not also be terminated. This is because the court will always find that the financial support you provide, or can be Ordered to provide, Is in the child's best interest.
Where the issue is not an unfit parent, the court most often will agree to terminate rights when the other parent has married/re-married, and the new spouse is desirous of adopting your child.
Generally, a parent may be deemed unfit if they have been abusive, neglectful, or failed to provide proper care for the child. A parent with a mental disturbance, or an addiction to drugs or alcohol, may also be found to be an unfit parent. Failure to visit, to provide support, or incarceration of a parent are other examples of grounds for being found to be unfit.
I wish you the best in 2011.
Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely appreciate your abiding by the honor system as regards Accepting answers. I wish you and your family the best in your respective futures.
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