My grandsons' father has decided that he wants to voluntarity terminate his parental rights - his idea and his choice. Although they share joint custody, my daughter currently has physical custody and he pays child support. He is supposed to see them once a week - overnight, but has only done so twice in the last 4 1/2 months. His sister claims that he cannot voluntarily give up his parental rights in new jersey. I have tried to find out if he can, but the only thing I can find relates to either adoption or DYFS, neither of which is the case. He has agreed via text messages to continue to pay child spport, but he just doesn't want to see them. His reason is that he only gets 1 day off a week from managing 3 restaurants and he's too tired to take care of them and he doesn't want to keep going back to court with my daughter every time she tries to modify the visitation agreement. She has been willing to work with him based on his schedule, but he always seems to have some excuse why he can't take them. She finally went back to court to request termination of visitation because she doesn't feel it's fair to her to have to wait around for him to tell her what day he'll be off, and then repeatedly have him cancel his visitation. Like I said - he's missed 17 of 19 visits so far. So based on this situation, would the courts in new jersey allow him to voluntarily sign away his parental rights to my daughter? I would also like to know what that would mean as far as his rights, and the rights of his biological family, should (God forbid) something happen to my daughter (loss of life in a car accident or something horrible like that). If he signs away his rights and something happens to her, could he or his family then try to claim custody of the children? Thank you.
Answered on: 2/13/12, 2:00 pm by Robert Davies
I can answer your question, but this is no simple thing. Call me, make an appointment and come see me, and I will explain. I have been involved in two of these. No charge for the first appointment.
Robert Davies, Attorney
201 820 3460
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