I need some help. My ex reached out to me, even though there’s a restraining order in place, and he wants to terminate his parental rights.
Here’s the situation:
I have a 3-year restraining order and full custody of our 5-year-old.
He hasn’t seen or contacted our child in almost a year.
There’s a pending trial and arrest warrant because of a police report I filed for sexual assault. The DA is handling it, but I’m not currently involved in the trial.
He’s broken the restraining order several times and hasn’t paid full child support, though he’s making small payments now.
I’ve read that voluntary termination of parental rights usually needs a pending adoption, but I’m not planning to adopt. Is there another way to terminate his rights given the trial and his history?
Has anyone been in a similar situation or have advice on special circumstances? Any help would be great.
Hello,
It varies by state. In my state, you can’t terminate parental rights unless someone is adopting the child. My ex tried to do this, but the judge said it was against the law and wouldn’t be allowed.
Most states believe children should have two parents. They only terminate parental rights in cases of adoption or severe abuse. It’s hard to do, and you might lose potential support for your child.
Hi Hazela.
I’m not sure about the legal details, but if he wants to give up on the child, it might be because supervised visitations and court orders are tough for him. If he’s not trying to manipulate you or avoid child support, he might just want to be done with it.
If that’s the case, it could be a win-win situation. Just be careful and check all the legal consequences.
You should contact the police since he violated the restraining order again. Also, consult a family law attorney who specializes in abuse cases. You might be able to request a waiver since both you and your ex agree and there are special circumstances. If you can fully support the child without state aid, that could also help your case.