Can my son's father sign over his rights to my child?

Asked over 4 years ago - Chattanooga, TN

I was never married to my son's father. He just recently came back into my son's life. He now wants to sign his rights over. Can he legally do this? I want him to sign them over. It will be in my son's best interest and would avoid a legal mess.

Attorney answers (2)

  1. Jere Franklin Ownby III


    Contributor Level 12

    Answered . Actually Chattanooga, Tennessee Courts do not want one parent to surrender their rights unless someone else is going to simultaneously adopt the child. If for any reason you were to go on some sort of state welfare, the State would be looking to recover some of that expense from father, even if he never had a part of child's life. If you do have someone that is wiling to adopt the child (one of your parents, a current husband, a boyfriend even) and assume legal and financial responsibility for the child until your child turns 18, the child's father can surrender. Otherwise I think you are going to find that the courts are not going to take father's surrender of his parental rights.

  2. Kristen Lynn Bienstock

    Contributor Level 12

    Answered . Of course he can legally do this. There should be a form in your local superior court for a voluntary termination of parental rights.

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