You absolutely cannot do that without the court system, and he cannot do it himself. You can file a petition to terminate his parental rights, and he can agree with that petition. However, judges will not terminate rights if the child is on welfare (as the father owes the system that money as support), and even if not on welfare usually will not terminate rights unless there is a step father ready to adopt the child (same reason, don't want to leave the child with the financial support of only 1 parent). The father can choose not to have anything whatsoever to do with the child, and no court can force him to have a relationship or be a parent, but he must pay child support and otherwise meet his financial obligations. Those obligations belong to the child, and the court will not easily let them be terminated. As termination proceedings are very complex (parental rights have constitutional protection), I do not believe there are forms available anymore (too may of them were screwed up and the judges got tired of it). So you either have to find an example somewhere (such as at the law library) or you have to get a lawyer.
Responses are for general information purposes only, and are based on the extremely limited facts given. A consultation with an attorney experienced in the area of law(s) indicated in the question is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature to the question asked and the fact(s) presented in that question. THIS RESPONSE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP, particularly considering that the names of the parties are unknown.
Were you ever married to your "ex"? The answer to this questions might be critical.
If you were married to him, it is presumed he is the father and that he has legal rights to the child.
If you were never married to him, a court must confirm his rights to the child before he has any.
Is he on the birth certificate? That is also key information.
Assuming he is legally deemed to be the father, the courts will not terminate his rights unless you are remarried and your spouse will be adopting the child. If your ex is deemed by the State to be a danger to the child, the State can petition to terminate his rights, which often does occur without someone else waiting to adopt.
A meeting with an experienced family law attorney would be a good idea.
As has been mentioned above, the answer to your question is NO. The public policy of this state is that both parents have a duty to support their children, and the courts will not merely let someone off the hook. The right to support is held by the child, not the parent. Only in cases where a parent is abusing and a threat to a child, or where a step-parent spouse of a natural parent wants to adopt, will the courts allow it. The courts take these issues seriously, so I would suggest you talk to Mr. James.
While the answers given are technically correct, it is possible to terminate parental rights when no step-parent is in the wings, IF you can show that the remaining parent is financially sound and that no risk exists for the child to go on state rolls. Your fact pattern does not sound like it would be possible.
Child support Child custody Child custody and adoption Family court and child custody cases Child support and custody Ending child support Child support and termination of parental rights Constitutional law Father's rights in child custody Parental rights in child custody Family law Adoption Birth certificate
Sign up to receive a 5-part series of useful information and advice about child custody law.