Can a non-resident father relinquish his parental rights if the he has no interest in being involved with the child and the mother desires no support?
Good afternoon. When you say a 'non-resident' father, do you mean that the child does not live with him or that the father is a non-resident of the US?
Child is not born yet and father is in texas
Okay, thanks for that info. Give me a couple of minutes to prepare a response.
Generally, relinquishment of a father's Parental Rights is only granted by a court if there is another father ready to stop forward and provide support (emotional and financial) to the child. And that other man may seek to adopt the child and the court would most likely permit the adoption if that man is married to the mother.
So, what I am saying is that a court will not easily terminate those rights; because, it is the right of the child to be support by both parents.
Should the mother (and/or the father) seek to have the father's name listed on the birth certificate, a court is highly unlikely to have that changed/removed without an adoptive father putting his name on the birth certificate. Reason being is that courts do not want to 'bastardize' children - the courts (and society) believe that a child should have both parents in their lives.
The father insisted on an Abortion and began threats to the point that the mother moved to FL out of fear. She wants nothing to do with him but thought he would be willing to give up those rights "if possible" and she did not pursue support. She is worried about a few years down the road
All that being said, if the mother does not want support and the father has no desire to be in the child's life, then all that they need to do is nothing. If the father's name is XXX XX the birth certificate and the mother does not seek support from the father and the father does not seek any rights to the child then everything is fine. If the father does in the future seek any rights, he would have to file a Paternity action (where the child lives) and seek visitation. At that time, the mother may then seek to have a court refuse any visitation.
That makes sense
However, if the mother ever seeks state assistance (medical, aid to families), she would need to disclose his name as the state would then have the right to seek reimbursement and child support from him. But every state is now sensitive to the issue of Domestic Violence and does have "shielding laws" in place to protect her from having to disclose to him. But, mom should start now and document all of the past occurrences and threats as in a few years her memory may not be as clear and details may at some time become important.
Thanks I guess that covers it
Please let me know if I can clarify anything or if you have any followup questions. In the future, should you have any questions please feel free to direct them to me by starting with "For Lawyer Lori".
Will do thanks
Divorce, custody and child support attorney.
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