I submitted a question last night however maybe it was not clear as to what information was needed. Six individuals have viewed the information with no responses. So let me attempt to ask a question differently...

My husband and his x-wife have been fighting, in court, over the custody of their daughter for over five years. The x-wife is vicious and has resources to annihilate him...which she has done. At this point, my husband is thinking of completely terminating all of his rights to his daughter. If he doesn't have any rights or say in her upbringing and if x-wife gets 100% legal/physical, why should he continue to subject himself and his new family to the "stuff" that is putting him through the ringer. Question - can he relinquish his rights and does the x-wife have to be in agreement to do so? Please advise.

I submitted a question last night however maybe it was not clear as to what information was needed. Six individuals have viewed the information with no responses. So let me attempt to ask a question differently...

My husband and his x-wife have been fighting, in court, over the custody of their daughter for over five years. The x-wife is vicious and has resources to annihilate him...which she has done. At this point, my husband is thinking of completely terminating all of his rights to his daughter. If he doesn't have any rights or say in her upbringing and if x-wife gets 100% legal/physical, why should he continue to subject himself and his new family to the "stuff" that is putting him through the ringer. Question - can he relinquish his rights and does the x-wife have to be in agreement to do so? Please advise.

In MOST states (not mine) there must be a step parent willing to adopt the child, and all parties (both boilogical parents, the step parent and the court) must agree to the termination of parental rights. Now, once that happens, he will no longer be obligated to pay support, but if he owes arrearages, he will have to pay those. Did that answer your question? :)

It seems unfortunate that if the biological parent wants to relinquish their rights, to the other biological parent, and they are not allowed....almost doesn't seem "fair". And no the father is not in arrears - he is most diligent in his duties.

Thank you so very much for your time and response.

Sincerely,
Molly