my ex has volunterally started that he will give up his parental rights. how do i go about doing this so my current husband can adopt my children and have their names changed. does he still have to pay the back child support that the court is requiring him to pay even though he signs over his rights.
1 Answer from Attorneys
You don't need to do anything to with your ex-husband rights, you and your current husband need to talk to an attorney and file a Petition for a Step-parent adoption. Your ex will be provided a consent to the adoption form and if he is serious he will sign it. Once the adoption goes through, your ex's rights will be terminated and your husband will be your children's father. A new birth certificate will be issued showing your current husband as the father.
All back support will continue to be due and owing but current support will terminate. You can choose to forgive the child support that is due to you, but if you received cash assistance from the state, you have assigned your right to that child support to them and you no longer have the right to forgive it.