Can a guy give up his parental rights on his own or dose the mother of the kids have to initiate it?

Question

my neighbor wants to give up his rights because he has nothing to do with his kids.he pays his child support every month but isn't allowed to see them because their step dad dose not allow it.hes just tired of it and feels that as long as their step dad is there nothing is gong to change even if they take it to court. he has a pretty good job, but he wont be able to afford 2 round trip tickets for the girls to come see him every time. so back to my question can he give up his rights or dose she have to initiate it

Answer 1

I just asked my lawyer friend a similar question earlier this week!

The father can not sign over his parental rights, no matter who wants it.  The court can relieve him of his parental rights if the children are in foster care.

As far as visitation goes, if he's paying child support, he needs to take her to court and get court-ordered visitation.  The cost of transporting the children is usually either split or becomes the responsibility of whichever parent decided to move away from the other one.

It sounds like he wants to give up his parental rights because he feels hopeless, but there really is a lot of hope here.

Good luck!  :-)

Answer 2

The step father does not have the power to prevent him from seeing his daughters.  Neither, for that matter, does the mother.  If he is not allowed to see his children and is paying child support, he should move the court for a visitation order which would *require* the mother to give him the right to see his children.  If she still refused, she could be cited for contempt.

Answer 3

Adam B is right. And now days the court can order the children be flown to him, it is usually shared so she pays for one ticket and he pays for the other. I wouldn't advise he gives up his parental rights as this could bring up problems later on, Eg: the step father saying to the kids "your dad never wanted you, he gave you up." Such a sad situation. But to answer your question he can give up his rights its not the mothers decision.

Answer 4

She does not have to initiate it. In fact, initiating it would be considered an extremely hostile tactic by the mother.

He needs to know that giving up his parental rights will not relieve him of his responsibility to pay child support unless the new husband chooses to adopt the children.