Can the non-custodial parent surrender there rights

Asked over 2 years ago - Columbus, GA

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My husband and I have been fighting with his ex-wife for years regarding his son. On April 24, 2010 i contacted his son by cell phone to wish his son a happy birthday and my husband wanted to talk to his son but he refuses to talk, see, receive presents with his name on them and made it perfectly clear he wants nothing to do with his father (my husband). My husbands son wants his moms boyfriend to adopt him and for my husband to sign off his rights. My husband is wanting to sign his rights off because thats what his son and ex-wife want him to and he feels he will never be able to astablish a relationship with his son the way he wants to and feels its in the best interest of his son.

Attorney answers (1)

  1. Contributor Level 11

    Answered January 11, 2011 16:13. If your husband's ex-wife is not remarried, then a boy friend cannot step in to adopt. If the child is less than 14 years old, then the child should not be making the rules as to visits with his father. While it may seem easier to pull away, staying tough and letting the child know his father loves him may be just what the child needs. Children when angry display it in ways that make no sense. Try to insist on a relationship, don't give up on this child. Regardless, having said all that, the state usually will not let a parent off the hook unless there is another to step into their shoes. This makes sense for public policy reasons so every child has two parents. Again, the child should NOT be making the rules, this is the parents job. Insist your visitation rights are upheld.

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