Full question:
I am looking for a form to give sole custody of a minor child to the birth mother that the birth father has to sign. Giving up any child support past or present. He has married with 3 kids. Has not seen the child but maybe twice. So in future if I marry my husband would be able to adopt the child.
- Category: Paternity
- Subcategory: Termination of Parental Rights
- Date:
- State: Tennessee
Answer:
The answer will depend on the facts involved. For example, if you were married, the child support order in the divorce decree may be modified through a motion to modify a divorce decree. A motion for modification may be granted when there is a significant change in circumstances, and is more likely to be granted when both parties agree to the change.
Generally, the right to waive the support is construed to belong to the child and not to the parent with whom the child lives. Since the child is not competent to make this kind of decision, the court is very reluctant to allow child support to be waived. It will be a subjective matter of determination for the court based on all the facts and circumstances in each case. The overriding determining factor is the child’s best interest and the child support ordered in the decree will ultimately be a matter for the court to specify.
If you were not married, it is possible for a voluntary petition to relinquish parental rights may be fiiled. However, the court is not likely to grant the relinquishment if it believes the motivation is to avoid support obligation. During an adoption, obtaining a relinquishment of rights from the father is generally approved as a standard prodecure, since the adoptive father is agreeing to assume responsibilities for the child.
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