Can I sign away my parental rights and release myself fromfinancial responsibilities?

We have a 5 year old. We have 50/50 custody. My ex is an absolute nightmare and the stress that she causes on a regular basis is causing problems in my current marriage, my work and my health. She is a vile, vindictive human being and I just don’t want to fight anymore. Every few months it’s back to court. Tomorrow we have an emergency hearing to hear some crazy accusation that she’s now making just out of spite. I just want this woman out of my life even if giving up my daughter kills me. I just can’t do it anymore. I want to severe all connections with her, including financial.

Asked on September 11, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The stress and craziness that you are feeling must be very overwhelming for you to even consider such a drastic remedy of giving up custody and your rights to YOUR daughter.  I can only imagine what must be going on to drive you to that point. A court will not let a parent relinquish rights if there is no other person stepping up for the child, like a new parent adopting the child.  Do you think that maybe a better solution would be to have your daughter live with you in a more stable environment?  At some point you need to ask the court to sanction her for frivolous matters.  Once she is hit continuously with sanctions she will stop.  I know that it is difficult but you need to look at who will really be hurt in all of this.  The child that loves her Father.  She will never understand what you wish to do has nothing to do with her and not her mother.  And her mother will use it against you in a horrible manner too.  Please see if there is another way to deal with your ex.  In the end your daughter will see things for what they are.   Good luck.


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