Giving Up Parental Rights


#1

My ex husband is contemplating giving up his parental rights to our 10 year old son. I am all for this and will be in complete agreement. He is suppose to pay child support thru the state but fails to comply majority of the time. He is over three months behind with his child support, and now the state is following contempt against him. I have a contempt order filed now against him for equitable distribution. He abused our son back in May of 2009, and was orderd to go thru mental evaluation and psychiatric counseling before he could get supervised visitation. He has chosen not to do any of the mental health counseling and is saying now he may give up his rights. My son went to a counselor for 4 months and the counselor agreed that my son did not need his father in his life due to his father’s mental state. My son in no way wants a relationship with his father. He is very up front about this matter, due to many circumstances that have taken place over the past few years. DSS has been involved with the abuse case and it is still un resolved due to his lackness in counseling. If I agree and my ex husband agrees can he give up his parental rights? I would agree to no more child support from that point. Is that even possible since the state is over his support?

Thanks,
MS


#2

There must be a hearing for the court to determine whether or not his parental rights will be terminated. While his consent to the termination will certainly weigh heavily in the court’s decision, it is not derminative. If his rights are indeed terminated he will no longer have an obligation to pay support.