termination of parental rights

I am a michigan resident. When my sons father get mad at me he threatens me that he will terminate his parental rights. I want my son to know who his father is, that is why i think he says this. He was previously in prison for 6 yrs our son is 9yrs old. I need his help. I am filing for child support. Can he do this and if so will he still have to help financially at least if he does?

[missingmyhubby]

Originally Posted by Unregistered

I am a michigan resident. When my sons father get mad at me he threatens me that he will terminate his parental rights. I want my son to know who his father is, that is why i think he says this. He was previously in prison for 6 yrs our son is 9yrs old. I need his help. I am filing for child support. Can he do this and if so will he still have to help financially at least if he does?

he cant terminate his rights unless you have a husband who is willing to adopt your child. tell himt to knock off the childish threats, grow up, and be a father to his son

Unfortunately, the only obligation he has is financial. If he is biologically the father, he must support that child financially until the child is eighteen. The court cannot force him, however, to perform visitation or interact with the child in any way. It's sad, but true. If anything, definitely make sure you get child support from him.

I actually know the answer to this one for sure. I recently went through a custody battle, and discussed the exact question with my lawyer. (I also live in Michigan) If both parties agree, the father can terminate his rights, however he is still financially responsible for the child. Terminating rights (at least here in Michigan), does NOT mean terminating child support.

[missingmyhubby]

Originally Posted by Unregistered

I actually know the answer to this one for sure. I recently went through a custody battle, and discussed the exact question with my lawyer. (I also live in Michigan) If both parties agree, the father can terminate his rights, however he is still financially responsible for the child. Terminating rights (at least here in Michigan), does NOT mean terminating child support.

msot states WILL NOT allow a tpr unless there is a stepparent willing to adopt.

I happen to be an attorney specifically studied in this area. The books may say one thing, but either way if the husband is set enough in his ways, there are ways around these laws. if parental rights are severed the father is NOT required, or technically able, to pay support costs.

[tbyte]

But the question is not whether he would owe support after terminating parental rights, but whether he can unilaterally terminate his rights himself.
And of course, he can't.

I had a child out of wedlock in 1994. When we split after the child was 8 months, she split with the child and I haven't seen them since. I went to court, I got jammed by the court in more ways than one. I'll give you a small example, I went to court and got visitation rights "ex parte" in 1996, they sent the notice to HER address. I was only able to find this out through paying for the court records in 2005. She had a child with the guy who helped her abscond with the child in question. I was sent a notice to appear in 2005. Two weeks before the date, I got another notice saying the case was dismissed??? How would I go about "tpr"? This is Michigan, and yes, child support arrears appear on my credit report $48,000. I have been married for the past 6years and have three children.

[tbyte]

I'm sorry, but I just can't imagine why you waited until 2005 to investigate the results of a court hearing held in 1994.
Whether or not you can prove that you never recieved notification of the judgment, the fact that you did not care enough to check on the status is going to look pretty bad for you if you try to bring this up in court now.
If you want "tpr", or Terminiation Of Parental Rights, you can effectively do this yourself by simply not seeing your child. It appears that you have already accomplished this.
If, by "TPR", you mean terminating your parental RESPONSIBILITIES, (child support), you can't. You owe the money to your child. You need to make arrangements to pay it. The Child Support office will arrange for you to make monthly payments over time until it is paid down.

This is why the internet is a gift and a curse. I stated that that was just one example of how I was jerked around by the court. When you toss around phrases about "caring enough" shows an intense lack of understanding on your part. I relied on the court, meaning I did everything that THEY told me I was supposed to do. I filed every piece of paper I was required and, still nothing moved. The records I accessed were not available on-line (remeber?), I would have had to hire a lawyer (quoted between $7,500-$10,000 retainer). So please spare me your self-righteous indignation. There can be nothing more devastating than having a child taking from you, combined with the lack any judicial movement in an area that is supposed to be so important (child welfare). Unfortunately, I can't tell you every detail in 250 words or less but, you have proven that it only takes a few sentences to be a stemming pile of excrement. By caring enough, should I have gone to the court-house with a pistol? Of course not! This children thing cuts both ways, sometimes MEN get screwed as well. Thanks for your great in-sight...uhh, moderator? Person with in-sight? You could never imagine how I can't sleep at night, as I constantly check my children's beds, just to make sure they are still there. Thanks. I hope you wet your bed tonight.