Hello I live in PA with my husband and I have a question about his rights to his son and if he can terminate them.

Asked almost 2 years ago - Harrisburg, PA

His son is 9 years old and he lives with his mother. I am married to another woman and I have a son with her. The mother of my 9 year old took me for child support and now I cant support my family and she keeps asking for more money when I dont have it. She is currnetly married to someone else who my 9 year old calls dad. Am I able to terminate my rights to my 9 year old in order to better take care of my family because I am the only one working and bringing home less than a $1000 a month home and the mother of my 9 year old is married and they both work? She has two incomes for our son and my youngest son has only one income and we can even get on welfare to get him health insurance. Please let me know what I am able to do.

Attorney answers (3)

  1. Michelle Lee Sommer

    Contributor Level 3

    2

    Lawyers agree

    Answered . This is two seperate issues. The support would only be able to be terminated by the Mother filing a a request a Domestic Relations to withdrawl the child support and any back arrears. She would have to agree to do that on her part. As for the termination, the Mother would also have to agree to do that a well by asking you to terminate your rights as the biological father so that her current husband could adopt her son. But that is something she and her husband would want to do on their part as this is a huge step and undertaking for the step-father. Plus, this would mean you would be ceasing all ties to your son by terminating your rights as his father. This is a lot to think about and consider.

  2. Kim L Lengert

    Pro

    Contributor Level 10

    Answered . The two separate issues you raise need to be dealt with in different manners, For the child support, you can seek a modification based on your limited income. Pennsylvania offers relief while still requiring responsibility. You may benefit by speaking with a family law attorney. As to terminating your rights, Pennsylvania law does not favor making orphans. If the mother's current husband wants to adopt your son, then you can consent to termination. However your relationship will be surrendered - this is a drastic move that requires your own internal evaluation.

    Please know that the information I provide is general in nature as we do not have an attorney-client relationship,... more
  3. Jason Kutulakis

    Contributor Level 15

    Answered . In order to terminate your rights, the step father must adopt.

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