Do you need the mother's consent to sign over parental rights?

Answer 1

It's possible (though not likely) that the court will allow you to terminate your parental rights without Mom's consent. However, in that event, you would still be required to pay child support. The requirements to voluntary relinquish parental rights is determined by state laws. A biological parent can usually file a petition in the proper court venue w/o the other parent agreeing, however that person will be notified of by the court of the pending action. The petitioner must meet state TPR requirements before a judge will review and rule on the request. In some states partial rights might be terminated while others such as support remain valid. Such cases are generally adjudicated on an individual basis.

Answer 2

Yes, you do unless the courts have taken the child and they decide to sever the parental rights. I wondered this as well because I want my sons biological to sign rights over to my husband so he can adopt him. he doesn't see him or want to be his father but won't sign over rights because he says he may want to be a father one day. My research on this matter says you have to have the other parent sign over rights UNLESS the courts sever the rights because of something the did. I think that law or rule should be adjusted and the courts should be able to hear the case of the mother and father and make a judgment call.

Answer 3

She can but it must be approved by a court and the father must also consent. The adoption or guardianship must be accomplished by a court order. The parties must seek the advice of an attorney who specializes in custody and adoption.

Answer 4

Only any court filing fees that may be involved. You will have to pay child support, even if you sign over your rights as that is a separate obligation, unless the child is being adopted. Terminating your parental rights only stops your right to visit your child or have any decision making input in their lives.

Answer 5

This is a complicated area of law.

The most common meaning of 'signing over parental rights' means consenting to a legal guardianship. It can also mean terminating parental rights pursuant to a legal adoption but only guardianship will be addressed here. Both require court decrees. A legal guardian must be appointed by the probate court. The mother can consent to transfer her own parental rights. She cannot transfer the father's rights. That must be done by a court order.

The court will seek the father's consent. He is entitled to object and could request custody of the child. His petition will be weighed by the court. Unfortunately some mothers who are no longer with the child's father think they can simply turn the child over to their own parents, especially if the father has little involvement with the child. In some cases they hide the identity of the father claiming "father unknown".

The moving parties must attempt to serve the father with notice of the hearing. If the father is not available, not interested, unknown, refuses to attend or refuses to consent the court can make a determination to allow the guardianship depending on the best interest of the child. However, the court must invite his involvement in order to rule on his rights as the biological father.

Regardless, even if parental rights are transferred, doing so does not terminate financial responsibility, at least in states such as Michigan.