Legal Question in Family Law in California
Sever parental rights
My ex has agreed to give up his parental rights to our minor son, I am the custodal parent of record. He has sent a letter that has been noterized to the Contra Costa County Child Support office in exchange for my forgiving all current and back child support due. Will this letter stand up in court if he was to come back in the future? If a court hearing is necessary, would my 12 year old son have to go before a judge? My ex has a history of abuse, both physical and emotional to myself and daughter from a previous marriage. He also has a criminal backround, substance abuse and alchol problem, for which I base my reasons for severing parental rights to my son.
2 Answers from Attorneys
Re: Sever parental rights
It will probably require a court hearing to actually terminate the parental rights, and you might not have the right to forgive the child support yourself. The child support is for the benefit of the child and a parent cannot automatically waive it -- especially if it has been assigned to the county. You probably could terminate his rights, but it will take filing a court action to do so.
Re: Sever parental rights
A parent that is willing to sell their parental right does not fairwell in court when they request visitation.
Whether or not you can forgive child arrears or future support the effect on the court will bw the same when the issue of visitation will be the same.
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