The fact pattern, noted on the American Bar Association Family Law Section Case Update for September/October/November 2010, was as follows: By agreement, the divorcing parents of an infant son proposed a single parent adoption by which the father would relinquish all rights and duties toward the son and the mother would assume the role of sole parent. A judge of the Probate and Family Court conducted an evidentiary hearing, composed findings of fact and conclusions of law, and rejected the father's adoption surrender and the mother's adoption petition. The appellate court affirmed, holding that divorcing parents may not bargain away the best interests of their children in general, and the children's right to support, financial or otherwise, from either one of them in particular.
To Read the opinion (Social Law Library @ www.socialaw.com)
In my practice, I am often asked by one parent if the other parent can give up their rights to the child(ren) because that other parent is uninvolved or disinterested. My response is typically "not likely" given the existing Rhode Island decisions that have addressed similar issues, but we do not have to stop there. I am not aware of a current Rhode Island case addressing this specific question and Rhode Island is not bound by a Massachusetts decision, but a Rhode Island Court can consider what other states have decided when they are reaching a decision for a the first time on a specific issue.
If you are in a situation where your child's other parent is uninvolved or disinterested, or you feel he or she should not be involved with the child for the child's best interest, you should call our office to discuss what is happening, and what options may be available to you. In the alternative, if the parent of your child is trying to have your rights as a parent terminated because you cannot be involved on a day to day basis for reasons such as military deployment or other occupational commitments, we may be able to help.
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