does any1 know if my ex gives up all parental rites if he will still have to pay me childsupport?

User - posted on 06/16/2012 ( 35 moms have responded )

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My 4yr old sons father has had nothing to do with him for 2yrs now since he left us and moved back to NC. I wanna know if he gives up all his parental rites if he will still have to pay me childsupport?

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Tearra - posted on 07/24/2012

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This is what I know unless there is someone willing to adopt your child they will not allow him to sign over his parental rights to you. You can have full legal and physical custody of your child but he can not just simply walk in and sign a paper saying I don't want this kid anymore. So yes he will have to pay child support for this child. No judge will allow him to just sign over his rights just to get out of child support they see it as if something is to ever happen to you they want a parent to be responsible so of there is not an adoptive party they will not allow him to relinquish his parental rights. I know this because my ex husband wanted to sign over his rights because he didn't want to pay childsupport I was all for it as well as he was but the judge laughed and told me that they don't want to make a mistake of letting him sign away his rights only to have them made a child of the state later if something was to happen to me. I even told the judge that I have godparents in place if something like that happened I even had the legal papers ready to be filed for that as well and he still refused to allow this to go through. But if he is able to sign away his parental rights he will not be held responsible for a child he legally does not father any longer. I know plenty about this considering I have battled the courts for years on this issue.

Jodi - posted on 06/16/2012

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I was under the impression that by terminating his rights, it then made the child available for adoption by a new partner, etc, so then they don't have any further rights or responsibilities towards the child. However, I think it is different if he simply chooses to walk away and you haven't terminated his rights.

But I also believe it varies depending on where you live. This is one of those things that you probably should check on with a lawyer.

Bee - posted on 06/16/2012

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im almost positive that he will not have to pay support if he give up his rights.

Firebird - posted on 06/19/2012

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There are some places that won't even allow a parent to relinquish their rights unless there's a new step parent ready to take their place and adopt the child. You'll really need to look up what the laws in your area are.

Firebird - posted on 06/17/2012

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Owing back pay is a different situation than making future payments. Of course any money owing will need to be caught up on.

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35 Comments

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JUSTIN - posted on 08/12/2014

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SO EVERY GUY IN TH USA CAN GO GIVE UP THIER RIGHTS AND GET OUT OF CHILD SUPPORT?

JUSTIN - posted on 08/12/2014

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so every guy in the USA that has a kid they don't want can simply sign their right away and have no responsibilities ?

Melissa - posted on 02/09/2014

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My brother is a piece of crap hes signing his rights over just cause he dont want to help and pay child support. The mother dose want him to be in his life but he dont want no part of its CRAZY how he can do this to his 3 year old son. But its cool cause im here for my nephew and ill take over that sorry piece a s..t place. I love him hes the best. And my only nephew

Kenyatta - posted on 08/22/2012

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Yes he still has to pay child support giving up his parental rights Juz means he has no say so in anything that has to do with the child but by law if he is the biological father it is his duty to help take care of the kid

Amy - posted on 08/22/2012

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It depends on where you live. I live in TN. And we just went threw this with my daughter. The judge took my daughter biological father's rights away because there was no contact or support in 4 years n even then it was maybe once a year. But here it only has to be 4 months without support or visiting. And YES he still had to pay child support. Only my husband adopted her at the same time. But if I wasn't married they would have still took his rights and he still would had to pay her support.





Sorry I know this is a lil late. Good luck I hope it helps.

Deborah - posted on 07/23/2012

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id check with your state cause most states say if the father pays support be it court ordered or he just gives you the money they see it as he is taking care of the child and should be able to see his father ....

Rebecca - posted on 07/20/2012

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I have full physical and legal custody of my son. his dad has no visitaion rights at all. i know in MO the only way to give ur rights away is if someone else adopts the child. I tried to get the child support order dropped when I obtained full custody and he tried to sign his rights away and the court would not allow it without someone else adopting my son. the judge said if I got married and the guy wanted to adopt my son then they would agree to stop child support.

Danielle - posted on 07/20/2012

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i guess it just depends on the state.in tennessee they don't care if you sign your rights over or not.unless the child is adopted by someone else,the non custodial parent still has to pay the child support.signing over your rights is signing over your rights for visitation,signing over your rights to have any medical or school records etc.

Michelle - posted on 07/20/2012

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I am pretty sure he will not have to pay childsupport if he give up all his right... My sister-in-law son's father gave up his right and he did it so he would not have to pay childsupport.... I hope this helps..

Danielle - posted on 07/18/2012

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if he's the biological father or signed the bc he WILL have to pay child support even if he signs his rights over.like someone else said,even though he's changing his mind about being a parent doesn't make his child not need things.my daughter's father at one point and time said he wanted to sign his rights over to my husband and the child support office said it didn't matter if he signed his rights over or not,either way it's still his responsibility to pay child support.he knew what he was doing when he had sex and knew what could happen.i would go after him full force!!!

Sarah - posted on 07/15/2012

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yes as ashley little says once parental rights are given away the father has given up everything and he then will not need to pay for the child!!

Ashley - posted on 07/07/2012

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Once parental rights are signed away they are no longer legally responsible for that child in any way. They no longer have to pay child support, provide medical insurance, or care for the child in any way. They also no longer have any legal rights pertaining to visitation, religion, medico decisions, etc...

Leesa - posted on 07/05/2012

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It doesnt matter if a father has parental rites they still have to pay!!! My partner found out 1 and half yrs ago tht he had an 8yr old daughter and almost a yr later she went to CSA for money which he now has to pay for, he disputed tht he didnt know if the child was his and was told he either did a DNA test to prove he wasnt or they would just assume he was and take money for her anyway. He has no parental rites. I hope this helps xx

Minnie - posted on 07/03/2012

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My husband and I are in the process to file for parental rights dismissal for my oldest son. As per the lawyers information, no they will not pay you any child support. If they pay you any amount directed by the courts and refuse to give you their parental rights, you have to fight it in court. If you win the parental rights, that child is no longer "his," and therefore they are no longer financially responsible.

Andrea - posted on 07/03/2012

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once rights are given up he technically has nothing to do with you and your son anymore. he wont have to pay any kind of child support, and you wont have to get his permission/consent to take your son places and do specific things with him. the only thing you'll need him for is if someone else wants to adopt your son down the road, he will have to consent to it seeing as paternity was established at birth.

Brittany - posted on 06/19/2012

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From what I understand if a parent gives up rights (rights including visitation, and making choices in the childs life) it does NOT exempt them from responsibilty such as child support (unless the child has been adopted) But as others have stated laws are different everywhere - call a lawyer to be certain.

Kate - posted on 06/18/2012

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This depends 100% on the state you live in. Look up child support laws in your state (in PA it's domestic relations and the answer is no). Thats why you are getting a lot of different answers. :)

Frilin - posted on 06/18/2012

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Yes, unless the relinquishment is to clear the way for an adoption, in which someone else accepts the rights and responsibilities, he has to pay child support.

Susan Faith - posted on 06/18/2012

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if he gives up his rights he will no longer have rights to your son at all. no right to see him or have anything to do with him unless you allow it. And as for the child support he WILL NOT have to pay thats why they give up their rights to the child/children

Elizabeth - posted on 06/18/2012

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he's giving up rights, not responsibilities. Yes, if he will have to pay child support. I have many clients who have this same situation (I'm a social worker who works with homeless single mothers)

Janie Marie - posted on 06/18/2012

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I got a letter from our AG saying that if its court ordered child support it NEVER goes away, they AG's office just doesn't have to enforce it anymore, meaning they don't give a d**n if he pays it or not. The only thing they can enforce is back pay. Once that is out of the way, we never have to deal with Texas' child support division again.

Janie Marie - posted on 06/17/2012

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In Texas, if he is already on childsupport then YES he does still have to pay. I know this from personal experience. I tried to close my daughter's case but I can't b/c her father owes back cs.

Dannielle - posted on 06/16/2012

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No once he signs over rights everything stops! Now if he owes u support then all that has to be paid and he will have to pay that until it's done. But no more current support and no visitation. It will be as if he never was there.

User - posted on 06/16/2012

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yeah but if they wanna give up there rites and they dnt try to c the child any ways or even have a cinversation w them then y should they keep their rites so if they change their mind later they can just come around whenever? thats wrong

Firebird - posted on 06/16/2012

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If he signs his rights away, the child will no longer be his legal responsibility. He will not be able to obtain visitation, nor will he be required to pay child support. That's the whole point of terminating a parent's rights.

User - posted on 06/16/2012

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well i have had a few people say that he wouldnt have to pay anymore but then i have had about the same amount of people say that he would have to especially w his name being on the birth certificate

[deleted account]

The moment he signs his rights over, he wont be able to pay Child Support. Even if he signed your sons' birth certificated. Doesn't matter. He's giving up all his rights.

Ileah - posted on 06/16/2012

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If he signed the birth certificate then you can go after him for support. Just becayse he changes his mind about having kids after hes had them doesnt make the "problem" go away.

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