How to get my son’s father to relinquish his parental rights?

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How to get my son’s father to relinquish his parental rights?

My ex-boyfriend and I have a 7 month old son. We own a home and are both on the deed. Our son and I are currently living with my mom. I had to leave because my ex is very violent towards us. I have made several police reports but the police have done nothing because there is no witness. The father says he will relinquish his rights to our son (which technically he doesn’t have because he has not been ligitimized through the court) as long as he does not have to pay child support. What should I do?

Asked on October 21, 2012 under Family Law, Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

This is not a unilateral decision. He will need to go through the court process and have the court determine if it will approve him/allow him to give up his parental rights. He will need to be very convincing and if you wish for this to occur, you will need to be convincing, as well.  It may require a paternity test but that is simply a technical formality.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless someone is going to adopt your son in place of his biological father and assume all obligations for the child until he is 18 years of age the courts under all laws of this country will not allow the son's biological father to relinquish his parental rights.

Such would be in violation of public policy.


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