Legal Question in Family Law in Tennessee

Can I terminate the rights to my child if I'm still married and haven't seen him in over four years I need to know if I can do it before I get a divorce

Asked on 12/29/15, 2:33 am

1 Answer from Attorneys

Ben Houston II Ben H. Houston II

No, you do not have standing to seek a termination your own parental rights. Additionally, your doesn't have standing either. A termination of your parental rights can generally occur only in the context of an adoption. For example, if you and your Wife get divorced and she remarries. Her new spouse could file an adoption petition, which also seeks to terminate your parental rights. But neither you nor your Wife have standing to seek a termination of your rights. Courts do not like the idea of relieving parents of their parental responsibilities (which include paying child support regardless of whether visitation is occurring) unless someone else is willing to step into the parent's shoes through the adoption process. Best of Luck!

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Answered on 12/29/15, 6:28 am

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