What is the law regarding voluntary termination of parental rights and stopping child support?

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What is the law regarding voluntary termination of parental rights and stopping child support?

My husband and I are going through a divorce. He is currently paying child support but not seeing our son. We have come to an agreement he will terminate his parental rights and I will no longer seek child support present/future. Can this be done easily? What forms should we fill out? What are the steps we need to take to make sure everything is done, including stopping child support? If necessary, my new fiance has agreed to adopt our son and my ex has no objections.

Asked on August 8, 2012 under Family Law, Illinois

Answers:

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

Answered 8 years ago | Contributor

I would speak with an attorney here as soon as you can.  Generally speaking, the courts will not permit him to terminate the rights or support unless and until some one esle steps up to the plate to adopt him.  The court has an obligation to make sure that he is supported by BOTH parents.  And if you are not legally married to this other man they may not accept him for substitution of the natural father at this point in time.  Good luck.  


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