Ask Me Help Desk - Terminating Parental Rights

Yes it is a generalization, because my research has shown that in general that's what the law says in all jurisdictions I had researched. I still don't believe that is the intent of Texas law and it is only in that one section that it refers to duties.

But you are making generalization based solely on your experience with ONE jurisdiction. And no I didn't take anything ouit of context as anyone can plainy see.

You can say anything you want, but you haven't shown one iota of proof of my being illogical. While I have detailed several instances where you lacked logic. As to communicating with you, see my comments on that in the other thread.

I have no problem in standing on my record here. Your record also speaks for itself. You have been insulting and abusive as well as illogical and inaccurate.

Are you presently receiving child support from him? Does he owe any arrerages? The only way his rights are really "terminated" is if someone else adopts your daughter, with his consent. That would put an end to child support payments, although he'd still be responsible for any arrearages that accrued, pro-rated to the date the adoption is finalized.

OK-here is smth from North Carolina.
How Can I Terminate Child Support?
Biological and adoptive parents can only stop child support if:
The child has reached the age of majority (usually 18 or 21)
The child goes on active military duty
The child has been adopted by another person
The parents terminate their parental rights and responsibilities
The child is emancipated
The child is dead
The child lives with the parents
Child support is officially terminated once a motion has been made and approved by a court. These conditions are very clear so usually the proceedings move very quickly, unlike child support modification.

I was interested in" the parents terminate their parental rights and responsibilities".I asked a judge who I may call "extended family friend" to explain me what does it mean exactly.The answer was that "BOTH parents have to have their rights terminated and it is designated with a goal the child to be legally free for ADOPTION".
i.e.voluntary or involuntary termination of parental rights stop support obligations if adoption will occur...
Some of the grounds are: Abuse, neglect, child in foster care for more than a year, DSS involvement...

Comment on ScottGem's post

Sounds to me like you are the abusive one.

I will point out here that Riceowls was found to be a second account created by Mary to attack others here. This has resulted in both accounts being permanently banned.

Quote:

Originally Posted by ScottGem

Did you read all of Nya's posts here? The bottom line is as I and others have stated. One cannot terminate rights to get out of child support. Termination of rights is rarely granted by a court and then the vast majority of times its to clear the way for adoption. The few other times, its because the terminated parent repsents a danger to the child. You have not cited the circumstances in your situation, but I am willing to bet there are extenuating circumstances you are not revealing (and I'm not asking you to reveal them).

I am noticing that you seem to have taken on a mission to post your inaccurate advice in many threads dealing with this issue.

My previous comments seem to have been confused because my response is not that a father wants to go to a court and give up his parental rights in order not to pay child support. My response is that if a client comes into our office against a parent and they say to me that the parents parental rights have been terminated by a judge, I ask that person for the court order and when they provide the court order as proof of the TPR, we cannot pursue child support from that parent named in the court order. This will not apply to the parent or person who may have had previous custody. That parent may collect arrearages up until the date of the termination of parental rights. A new child support order cannot be filed against that person for that same particular child. I want to be clear I am not saying a father can go in and have their parental rights terminated and then their out of paying child support. No that's not what I meant at all. I'm stating scenarios where custodial parents want to file a case for child support against a non custodial parent whose parental rights have been terminated. They cannot file a cast against that non custodial parent.

And the one factor we also often forget is the court judge, many judges view or rule on the law of their state by the way they understand it or use their own opinions.

Also in addition to child custody/support laws, there is also welfare laws that hold the non custody parent responsible for expenses paid for welfare for the child. So there are often other factors.

I totally agree.

Quote:

Originally Posted by ALICIAHUBBARD

I Am A Single Mother In Ca Of A 4 Year Old Daughter. Her Dad Hasn't Seen Her Since 2003 And Only Has Seen Her 3 Times In Her Life. I Want To Know If Terminating His Rights Is Going To Affect Receiving Child Support. Also, How Would I Go About Terminating His Rights?

Thank You,

Alicia

Yes you get him for abandonment in court and ask to have any right taken away and he will still have to pay child saport