My son's father is thinking of voluntarily terminating his parental rights. Has anyone went thru this and know if it is possible and how it affects child support?

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Toni - posted on 04/13/2009

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Quoting Sherry:



Quoting Debbie:

yes i live in texas and if he relinquishes his parental rights you do not get child support he will be basically signing away all his parental rights and responsibilities....






This is correct...I was a Legal Assistant with a law firm in Arizona and I dealt with family law. If he terminates his parental rights, he will basically have no legal ties to the child...because of this, you will not be able to collect child support.





My god that just seems so wrong and so unfair on the parent left 'holding the baby'. Why should the one parent be left with all the financial responsility. OK if they choose not to have any contact with the child that's their choice, but I think it's wrong that they should be able to shirk the rest of their responsibility in paying for their childs upbringing. It's not like a child is made by one parent, it's made by 2 and 2 should  be paying for the upkeep of that child, regardless of who it lives with and has contact with.



I'm gonna bet that a man wrote that little law.



In this country it doesn't matter if the parents want contact with their child or not, they're still legally liable for payments unless they're unemployed. The payments are means tested to see what they can afford. This still stands even if the parent has another family, they must still pay for that first child that they helped make.

Lisa - posted on 08/14/2011

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Went thur this bad news is you will not get any child support at all it would mean that on paper that he is not the father at all all the responsibility would be on you If you are in a bad situation with him and he does not do anything for the child you may be better off in the long run to just keep doing it yourself

Amanda - posted on 04/17/2009

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I was told by my lawyer that here in NE dads cannot terminate their parental rights UNLESS there's another man in the picture that will assume the role.

Elizabeth - posted on 04/13/2009

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In Illinois, if the father does terminate his own rights, he does not have to pay child support, and of course has no legal ties to the child after that.....but if the child is getting any type of state assistance, the state will not let the father terminate his rights.  Is much as I am sure this hurts you, be happy you have this precious little boy and know that someday he will want answers from his father.  It in no way is your fault.

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Rose - posted on 04/17/2009

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no can do, it can not happen if he has signed the birth certificate or so on. the only what he can stop paying child support is if he takes a paternity test that comes up neg, you and ypu patner file and recived adoption or if he die's

Rachel - posted on 04/13/2009

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I know here in UT if the father gives up patental right he give up every thing as well ie no child support, visits, say in childs life, ect... I went through this with my ex husband, I left when I was still pregant with my kids and I wanted (still want) him to sign over his rights, just knowing how he is it would save heart ache for my kids later in life if he wasnt there. I didnt get my way but hopefully later down the road.

I know that if the father sighs over rights and if you remarry that man can adopt your kids with out any worries.

Samantha - posted on 04/13/2009

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Sometimes you're better off without the interference. The legal part depends on the state you're in. Call legal aide if you can't afford an attorney. At least when you raise your kids alone, you don't have to worry about a weekend parent underminding every thing you do during the week. Just be sure there is a relative or friend who can provide a GOOD example in place of the missing parent. Not necessarily some one to help you raise the child, but some one you can point to as an example of the kind of person you'd want your child to emulate. It's easier when they're smaller. It's the teen years that give you gray hair and wrinkles!

Amy - posted on 04/13/2009

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i agree with renee...i live in NJ also with my husband who as a child with his ex and she wants him to be adopted we spoke to a lawyer and they said if he just gave up his parental rights, he would still have to pay child support, if the child is adopted then he has nothing to do with the child even financially. all states are different with rules and regulations so maybe check with your family courts advisor

Becky - posted on 04/13/2009

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My family is going through a similar thing. My sd & ss bm has said she wants to give up her rights, which in the state of wy she can. I am going to adopt my sd & ss. But bm wants my dh to give up his rights to his kids that still live with her. his daughter that still lives with bm is adopted, her birth dad gave up his rights so he wouldn't have to pay child support so my dh adopted her when she was under a year old. well bm married the daughters birth dad and he wants his rights back. my dh also has a son that still lives with bm who has special needs and my dh refuses to give up his rights to him, infact we are trying to prove that bm is not taking care of him properly, so he can come live with us.



I currently live in iowa, but because my dh divorce was finalized in wy, we have to follow their state laws and do all the court things there. So i'm not sure how it works here.



 

Cris - posted on 04/13/2009

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I live in Alabama, and a friend had this problem, her ex was going to sign away his parental rights...if he did, she would lose the child support (which was why he wanted to) & he would have no say ever in the children's lives...most men who do this already have no say....he isn't in the military by chance is he??

Tasha - posted on 04/13/2009

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My son just turned a year old, so, I'm hoping if his father goes ahead with it, he will be young enough to avoid abandonment issues. We currently live in MN, but, I was laid off and am planning to move back to Iowa where my family is. It makes me sad for my son, I was trying to make it work so that he could know his father, but, have started to realize I can't force his father to want him. Thank you so much everyone for all of your help!

Angela - posted on 04/13/2009

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Nay last i knew even if he did he still has to pay support. When Artie wanted to the Judge told him that was fine but he still had a financial obligation. It's why the judge wouldn't sign our "consent order" terminating his rights & me releasing him from support

Shonna - posted on 04/13/2009

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In the state of Texas, if he terminates his rights he terminates EVERYTHING including child support.  Being a child of a dead beat sperm donor for a father, I would have preferred if he had terminated his rights and just left me alone.  The good thing is if he terminates his rights, that includes the right to see, contact, pick-up, mess with, or otherwise be a part of that childs life in anyway.  As for abandonment issues, the child might have a few but compared to knowing the parent wanted to do it or the parent choosing to have nothing to do with the child even if they have rights, I would go for the termination.  You will marry someone that will raise your child as his own and that will MORE THAN make-up for the idiot wanting to terminate his rights.

Atosha - posted on 04/13/2009

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Well i agree its stupid on his behalf and he'll regret it esp. if the child wants to find him and wants to know him. But yes he can do this and yes he will be able to not pay child support!

Anita - posted on 04/12/2009

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har?..i've never heard of a parent being able to terminate their rights to a child but then again im in Australia..i think thats silly...only losers would do such and the child is better off without them anyway..just my 2cents...

Sherry - posted on 04/12/2009

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Quoting Debbie:

yes i live in texas and if he relinquishes his parental rights you do not get child support he will be basically signing away all his parental rights and responsibilities....



This is correct...I was a Legal Assistant with a law firm in Arizona and I dealt with family law. If he terminates his parental rights, he will basically have no legal ties to the child...because of this, you will not be able to collect child support.

Debbie - posted on 04/12/2009

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yes i live in texas and if he relinquishes his parental rights you do not get child support he will be basically signing away all his parental rights and responsibilities....

Malissa - posted on 04/12/2009

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I remember my brother-in-law talking about that and I'm pretty sure he was wanting to terminate parental rights to stop paying child support.

Terri - posted on 04/12/2009

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I went through a similiar situation and it is possible to give up your parental rights but it doesn't exempt you from being financially responsible for the child. It does give up your right to contest where the child lives or goes to school and things of that sort but honestly if someone wants to willingly give up their rights, they are probably a good- for -nothing- dead-beat parent anyway and it's probably for the best. Not that my dead-beat daughter's father would even have the balls to fully take it there, like he threatened sooo many times, I heard it's pretty much irreversible too... You have to end up going through the mill if something was to happen to the other parent and it was in the air who the child would reside with... idk, it's a lot to think about and it is a big deal and will ever affect this child's life as they may grow up and have serious abandonment issues, if and when they were to find out they were given up on and that's the worst part about it.Anyway, I hope you find the answer to your question ...Good Luck.

Renee - posted on 04/12/2009

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it may be different in other states but here in nj there is technically no such thing as terminating your parental rights... the only way one parent does not have rights is if their child is adopted by someone else.

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