View Full Version : Father giving up rights and child support
chelly26
Mar 22, 2008, 02:16 PM
Hi! My son is 2yrs old I brought his father to court for child support in dec. he is already behind 1300.00. We also have a custody order. He is suppose to pick him up, every other weekend. Now that he knows that I'm a relationship and our son is always with me and my boyfriend he want to give up rights and move to another state. Does that mean he can get out of paying child support?
Synnen
Mar 22, 2008, 02:22 PM
Nope.
Even if a judge will grant termination of parental rights, parental rights and parental obligations are two different things.
He will still be OBLIGATED to pay for a child he helped bring into the world.
ScottGem
Mar 22, 2008, 02:26 PM
The laws differ in different jurisdictions, but the bottomline (as stated in hundreds of very similar threads) is that to relinquish one's parental rights requires court approval and judges will not grant a TPR just to allow a parent to get out of child support.
So, he can apply for a TPR in Family Court. Depending on the laws in your area, the court will either grant him the TPR, but still hold him responsible for child support or they won't grant the TPR at all.
N0help4u
Mar 22, 2008, 02:31 PM
My reply is the lines would be really long at the court house if dads could sign away child support.
Signing Off From Parental Rights (http://www.childcustody.net/45.html)
macksmom
Mar 22, 2008, 04:07 PM
No, he cannot relinquish his parental rights to get out of paying child support. He can choose not to exercise his rights (visitation), but he will still be required to pay child support.
The only time he would be able to relinquish his parental rights is if you got married and your husband wanted to adopt your child. If that were to happen, your ex could relinquish his parental rights to allow for the adoption. Once the adoption was final, then child support would stop... but he would still be responsible for any back child support owed.
You have nothing to worry about :)