Legal Question in Family Law in Nevada

terminating parental rights

im divorced with 2 kids 8 and 10 i have primary custody and my ex takes them 21/2 days a week.this past sept.he met a women with a 10 yr old son and moved in with her. she hates my kids and wants to get rid of them so my ex shouldnt have to pay support.she went as far as having my 10 yr old arrested claiming he stole her jewlery which even his fater said he didnt take.the kids refuse to go there,and told their father they will see him only without going to her house.he refuses and told them he will only see them with his girlfriend soon to be wife he will not ruin his life and happiness for them. the courts appointed a mediator to talk to the kids and we are going back to court.meanwhile my ex decided to terminate his paternal rights,so he will not have to pay child support.he is filing a motion in court.i was told that no judge will allow it unless there is another father to adopt him which there isnt. what im worried is not so much about the money what will happen when we go to court and the judge denies him and lets him take them again to that house how can i allow a father that does not want anything to do with his kids only if he has to pay take them they know how he feels and what he plans on doing


Asked on 6/22/04, 5:57 pm

1 Answer from Attorneys
James Smith James E. Smith Ltd.

Re: terminating parental rights

No Judge is going to allow a father to unilaterally terminate his parental rights to avoid child support. You can request to have sole physical and legal custody and still get child support if the father does not want to be involved with the children. However, you cannot unilaterally change the present custody arrangement, but you must go to Court to modify it.

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Answered on 6/23/04, 11:12 am


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