Maternal Rights

[Abner]

If a divorced mother lost a daughter's physical custody to her ex-husband and child's father, can she give up matenal rights? And, if so, if there's an actual child-support order enforced wold such order terminate.

[Ethel]

There are no maternal rights. There are maternal responsibilities.

A mother can physically walk away from her child and cut off all contact, but she will be as responsible for supporting that child as a father who abandoned his child.

Unless the child is adopted, then the birth mother is responsible.

[Abner]

If there's no communication between parties, how does the mother find out if the child was adopted by the father and step-mom already?

[Ethel]

It is very rare for a child to be adopted without the mother's consent.

If you have been out of contact and untraceable then the court could allow it.

http://www.divorceguideuk.co.uk/7_0.htm

[Abner]

Are there any legal rights/procedures a mother have or can go by if in fact she wanted such child to be adopted by the father who in this case has physical custody for so many years? In other words, can the mother willingly enforce that the father adopts child? Can the mother by a court or agency file for this to happen? And, if so where can she file for such?

[Beanmistriss]

Not sure if I've got it right but are you saying you want your ex husband to adopt your child so you don't have to pay maintainance as you don't have custody?

If I have got it right then I don't think you could do that really cos thats the point of maintanince isn't it? That the parent who does not have custody helps the one who does support their child. If every couple who split up insisted that the one who got custody adopted the kid so they didn't have to pay anything then we'd be in a right mess.

If it was a bloke asking this question everyone would be having a go.

[FlowerPetal]

As a stepmother, i am astounded by any mother willing wanting to give up their child!! But hey, that is only MY OPINION!!

Abner, you cannot force the child's father to adopt his child. If he has residency already then he has no need to adopt unless his partner wants to do this aswell. If the absent parent cannot be traced by the courts, then an adoption can go ahead without the absent parent being asked to be involved in the adoption procedure - but believe me the court really tries hard to contact absent parents.

If a Mother does not want contact with her child, then she needs to make sure that legally, all rights have been adjusted to be in the name of the Father.

Flower xx

[Abner]

Thank you for the advise flower petal. I know this questions sound bad to some as the details of this matter and events are unknown because I will not go into details as to why. Anyhow...when you say if there is no contact with child (for reasons I will not explain), can the mother ask the legal system(courts) for this to be processed, as far as making the father solely responsible?

[FlowerPetal]

Abner, i apologise if i sounded like i was judging you - i wasnt. I have no right to judge anybody without knowing the full story and even then, i still have no right to judge anybodies situation.

Anyway, If the mother doesnt want any contact at all, then all monies e.g. child benefit, tax credit etc, should be made payable to the legal guadian of the child. All agencies, e.g. social services, school, GP etc, should be made aware of the mother not having anything to do with the child. The biological mother should then be aware that she would have no rights to request any information about her child what-so-ever - although this is not a legal binding contract.

If the father decides to go ahead with the adoption, then the biological mother can then willingly give her authority for the fathers patner to adopt her child. The biological mother can also willingly declare that she wishes no more contact with her child.

Good luck
Flower xx