What If the Father Of my son wants to give up his parental rights? Can I still be able to get child support for my child if he does? please help

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Jodi - posted on 11/05/2011

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And no, parents can just give up rights willy nilly. Just remember a single parent here can qualify for a single parent pension. If they are receiving no child support from the other parent, they will receive a higher payment. To claim it, the parent MUST claim child support. So our system in no way allows people just to terminate rights because they don't want to pay. If a father doesn't want anything to do with his kid, that's his choice, but child support is not an option.

Jodi - posted on 11/05/2011

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Yes, because it isn't any other man's responsibility to support my son, it is his FATHER'S responsibility. Always.

[deleted account]

Brianna, did he give up all rights... or just give up legal custody? Cuz the two are NOT the same thing. Giving up rights means giving up ALL rights. W/ one parent having full legal and physical custody... the other parent is still obligated to pay support and still entitled to visitation.

Anyway, to the op.... typically, no, but you would have to double check the specific laws in your area to be 100% sure.

~♥Little Miss - posted on 11/05/2011

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Then I don't think that he gave up all rights Brianna. When you give up rights, it is like the child was never born.

Jodi - posted on 11/05/2011

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It depends. In Australia, you can't just give up parental rights unless there is someone else to take that on. So for instance, my ex can't decided to give up his parental rights so he doesn't have to pay child support UNLESS my current husband is prepared to legally adopt him. He can give up his legal rights to parental responsibility (although that's not necessary because the courts took that away from him anyway), but he can't choose to give up his child support unless someone else takes it on.

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PRISCILLA - posted on 10/10/2012

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MY SON FATHER WANTS TO GIVE UP HIS RIGHTS WHAT M0VES DO I HAVE TO TAKE SO THAT IT IS DONE IN A TIMELY FASHION ?

Amy - posted on 09/15/2012

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This is a late answer to your post. But maybe it will help. I'm not sure about everywhere but in TN where I just went through something like this. My daughters DBD had only seen her maybe 8 times in 15 yrs. Here it is 3 months without contact or support voluntarily. And even when then rights are taken he is still made to pay child support

[deleted account]

I was going to say the same thing as Jodi about needing someone else to be able to 'fill in' before someone can give up parental rights. I 'believe' it is the same here (at least that's what it looked like when I was researching it).

~♥Little Miss - posted on 11/05/2011

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I know that the government can garnish wages here. I also know that if you are doing a low paying job, they cannot do that though. It is really fucked up. Sorry you are being screwed by your ex...if you still wanted him to do that to you, you would have stayed married to him ;)

Jodi - posted on 11/05/2011

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Oh, Marina, they don't do much here to the father's who don't pay either. At the rate my ex is paying his back debt, I won't get it until my son is 50. He has now moved interstate, quit his job and is unemployed, and barely has to pay anything. I have objected - they shouldn't be allowed to just quit their job like that. When you are responsible for a child, you shouldn't be allowed to have that luxury :\

**sigh** Anyway, I hijacked the thread. I just wanted to let the OP know it depends where you live.

~♥Little Miss - posted on 11/05/2011

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In fact, the fathers that are suppose to pay, if they don't....well.....not really much you can do about it. They are dead beat dads. The courts can try and try...but if they can't force them to do it, your shit out of luck.

~♥Little Miss - posted on 11/05/2011

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Wish that is the way it was here. I don't think single parents can get any extra money regularly like that here. We do have WIC and Food stamps. I know there is some money available to those that prove to be single, and completely broke...but nothing in place for middle class single parents. It sucks. It is very hard getting government assistance here.

~♥Little Miss - posted on 11/05/2011

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Huh Jodi....so your ex still pays child support even though you got remarried??? Not here I don't think it works like that. If you get divorced, you should receive child support....once you remarry, that can all stop.

But also, parents CAN give up parental rights. I think it has to be approved by both parties involved, but I could be wrong about that.

Katherine - posted on 11/05/2011

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No, he is no longer legally tied to the child according to a google search.

Brianna - posted on 11/05/2011

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yes u can. my friends ex bf gave up all legal rights to his son but he is still aloud to have visits with him sometimes. and he still has to pay child support

~♥Little Miss - posted on 11/05/2011

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You would have to seek a lawyer in your area, but if they are giving up parental rights, I believe that covers giving up responsibility of ANY sort...and they cannot visit the child either. So no, I don't think they would be responsible for paying child support....but like I said, ask a lawyer in your area.

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