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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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I live in california. my dauhter is 2 years old and her

Customer Question

i live in california. my dauhter is 2 years old and her father has never met her. a year ago i obtained sole custody of my child. now her father has agreeded to sign over his rights as her father voluntarily rather then me drag him back to court. what papers do i need to have him fill out in order to do this?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

My apologies but he cannot sign over his rights. The courts won't allow it because under public policy the courts believe that a child is entitled to have two parents if both are biological and/or legal to the child. This is why you cannot find paperwork, the only two ways of losing rights is either via an involuntary action where the courts find that it is in the child's best interest (where the parent is physically or sexually abusive or outright dangerous to the child), or where an another party comes in to 'adopt' and take over parental rights. But other than those two options, 'rights' remain with both parents. You can go to court and file for sole custodial rights, both physical and legal, but you cannot file paperwork on your own to sever his rights once he is listed as parent. He can try to sever rights if it is proven that he is not a biological parent, and even that has to be done within the first year of being placed on the birth certificate, or with new information.

Sincerely,

Dimitry, Esq.