Legal Question in Family Law in California
Father's relinquishment of parental rights.
I have a nine month old son with my boyfriend. he had previously went through a horrible divorce with his ex-wife. When I started dating him the ex- went psycho and started satlking me. I got a restraining order after she tried to kill me. She vowed to kill my baby too. When things were not working out with the baby's father I decided to move about 100 miles away from the area, to get away from the problems. I also had the father sign an ''Father's Voluntary Affidavit of Relinquishment of Parental Rights''. We both agreed and had it notarized. We felt it was the best for the safety of the baby, so My ex will not be able to bring the baby around his ex-wife ( the psycho) , or his kids he had with the psycho. The kids have serious violent and behavioral problems and I don't want them around my son.
He does not pay me child support.There is no court orders. And as part of the ''relinquishment'' I had us both agree not to take either person to court in the future for any reason to do with the child. I am a Paralegal Student and I drew up the papers off of information from other Parental Relinquishment forms.I tried everything to make sure I did it right.
The question I have is, will this document hold up in court?
2 Answers from Attorneys
Re: Father's relinquishment of parental rights.
Based upon the information provided, it appears unlikely that you have an enforceable agreement.
You should remember, child support is paid for and on behalf of the child - in other words, it is the child's money!
It appears that you and the father have worked out a solution and perhaps you will not need to present any documents to a court or seek any orders.
If you marry at a later time, perhaps your new husband would like to adopt the child and it appears the natural father would have no objectins.
Regards,
Damian Nolan
Re: Father's relinquishment of parental rights.
I have doubts that the agreement would stand up in court. The child support is a right of the child, not just you and you cannot waive the child's right to support. If that portion of the agreement fails, it is likely that the entire agreement will fail. As long as there is no court involved, the two of you will probably do fine without a court order. Good Luck, Pat McCrary
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
