Legal Question in Family Law in California

I currently pay child support and medical insurance for my daughter but over the past 3 years I have decided to no longer communicate w/ my ex or my daughter (if it is even mine) as she makes co-parenting impossible and simply hurts the child. I now have 2 children that I want to concentrate raising and avoid her at all cost as she tends to make threatening voice mails to my new wife and parents. I want to voluntarily request termination of my parental rights w/ this child and forego all communication w/ my ex. I will still pay my dues and get a blood test to determine if it is even mine. what are the steps I need to take? Can I do this on my own or is it preferable that I get an attorney?


Asked on 9/20/10, 6:40 pm

1 Answer from Attorneys
Diane Singleton-Smith Singleton Smith

If the ex was a wife and the child was born during the marriage, there is a presumption under the law that the child was yours. If it has been more than 6 months since your divorce was final, it will be very difficult to change the original divorce judgment, which listed you as the biological father. Second, you can't give up parental rights unless there is someone to take over those rights, like an adoptive parent (usually a step-dad). The reasoning is that if the state allowed you to give up your rights and mom and the child ended up on welfare, they have no one to support the child. The state does not want to take the responsibility of the child.

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Answered on 9/26/10, 11:54 am


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