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Dad wants to obtain custody of son from homeless mom but cannot unless child support is terminated.

Seattle, WA |

I live in WA state and My ex-wife is homeless. So far she's been fortunate to have "friends" to take her and my son in but this situation is not ideal for him.

I want to obtain custody of my son and she is "agreeable" of relinquishing custody. In other words she is willing to voluntarily relinquish her parental rights. We would like to do this pro se as the two of us are not in the position to pay for attorneys.

The problem is that I cannot take custody of my child because I am still "legally obligated" (coerced) to continuing making pecuniary payments to the State (aka "child support") even if my son was to come and live with me unless the matter is adjudicated.

I've searched the WA state web site and among the plethora of documents I cannot find a one that would allow her to voluntarily relinquish custody and terminate the child support.

I need help as to the pertinent documents that can apply to my situation.

Attorney Answers 1


a parent cannot relinquish parental rights unless someone else is willing to step in the parents shoes and care for the child. Generally, this means a new parental figure must adopt.

the other option is to get DSHS involved and make the child a dependent. this prob. is not a good idea because then you lose control over your child and his relationship with you.

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