SPARC Forums

Main Forums => Dear Socrateaser => Topic started by: Raisin_3 on Apr 02, 2005, 10:21:29 AM

Title: Termination of Rights
Post by: Raisin_3 on Apr 02, 2005, 10:21:29 AM
Dh is CP and we live in TN.  BM is ncp and lives in WI.  Parents were divorced in WI and WI has jurisdiction of this case.

Last week bm was ordered to pay $45 a week in child support.  This week she e-mailed us and said she wants to terminate her rights to ss and have me adopt him.  She said she will terminate regardless if I adopt ss.

She just had ss last week for 5 days and for 8 days at Christmas, plus 10 weeks last summer.

She said her reason is that she hates us so much and we make her sick and she cannot ever stand to see us or hear from us again and if that means she has to give up ss then that is what she will do.

1.  Can she terminate w/o me adopting ss?
2.  Can we file something for full/ sole custody since she is not wanting involvement?
3.  If she hasn't file to do this before we are required to send him to her for the summer do we have to still send him?
Title: RE: Termination of Rights
Post by: socrateaser on Apr 02, 2005, 08:13:16 PM
>1.  Can she terminate w/o me adopting ss?

Not unless she completely abandons the child, by failing to make contact and failing to pay support. And, then only if you consent.


>2.  Can we file something for full/ sole custody since she is
>not wanting involvement?

Yes. substantial change in circumstancess affecting child's best interests. But, you'll have to prove that she wants nothing to do with the child, and she may change her story at any time. She sounds very depressed, so I suspect that she will change her feelings over time.

>3.  If she hasn't file to do this before we are required to
>send him to her for the summer do we have to still send him?

Yes, but only if she is prepared to exercise custody. You don't have to put the child in harm's way, just because the court order grants the other parent the right to exercise custody.