Legal Question in Family Law in Ohio

How can a woman legally give up costudy of a child?

My fiance recieved full custody of his 4yr old daughter 15 months ago. His ex was ordered to pay child support and given some visitation rights. She has not paid a dime of child support and the court has recently found her in contempt for non-payment. If she wanted to give up her custodial rights to her daughter, what would she need to do? My fiance would completely agree to this if his ex wished to give up her rights as a parent. Can my fiance start the process or would it have to start with his ex? Any information you can provide on this subject will be appreciated. Thank You for your time.


Asked on 5/12/00, 10:25 am

1 Answer from Attorneys
Gregg Manes Gregg A. Manes, Esq.

Re: How can a woman legally give up costudy of a child?

You are asking a very difficult question. First of all, do you want your ex to give all parental rights or just visitation rights. It is easy for her to give up visitation rights as she just does not exercize her visitation rights or have the Court modify the visitation schedule saying that it is in the best interest of the child that the natural mother have no contact with the child. Giving up parental rights is more of a challenge. I am not sure you want this as you are then giving up the potential for collecting back child support. You can attach her tax refund until the arrearage is paid in full, even if this extends past the child's 18th birthday.

Upon transfering your ex's parental rights your child will no longer be entitled to child support or any part of your ex's estate should she have one. The easiest way to transfer the parental rights is to have your new significant other adopt the child.

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Answered on 7/03/00, 1:08 pm


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