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Thread: Father giving up his partenal rights

  1. #1
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    Default Father giving up his partenal rights

    My daughter has a child from her ex boyfriend. They were never married. She is getting child support finally for this child but now he is threatening her he is going to give up parental rights for child so he does not have to pay child support. My question is can a father of a child give up his parental rights so he is not obligated to pay child support?

  2. #2
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    A father can voluntarily terminate his parental rights, but it is up to the court whether or not that will end the child support obligation. The court will look to the mother's input on this in most cases. If the mother is agreeable to that, the court likely will be. But if the child has received public resources, support will likely be ordered paid to recoup the amount of public expenditure on behalf of the child. And in some cases, the judge may decide to require the payment of child support anyway.

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    Quote Originally Posted by elklaw View Post
    A father can voluntarily terminate his parental rights, but it is up to the court whether or not that will end the child support obligation. The court will look to the mother's input on this in most cases. If the mother is agreeable to that, the court likely will be. But if the child has received public resources, support will likely be ordered paid to recoup the amount of public expenditure on behalf of the child. And in some cases, the judge may decide to require the payment of child support anyway.
    wrong. dad wants to terminate his rights so he wont have to pay child support. aint gonna happen. he does not get to get out of his legal obligations to support a child he helped create. hes on the hook for cs untill mom has a husband willing to adopt the child.

  4. #4
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    Quote Originally Posted by daddyoftwo View Post
    wrong. dad wants to terminate his rights so he wont have to pay child support. aint gonna happen. he does not get to get out of his legal obligations to support a child he helped create. hes on the hook for cs untill mom has a husband willing to adopt the child.
    Go away Kelly. You're NOT fooling ANYONE.

  5. #5
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    Smile

    Hey I have a questions for everyone, How do you always know when Kelly changes her name, and how it is her? Just woundering.

  6. #6
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    Quote Originally Posted by mom26 View Post
    Hey I have a questions for everyone, How do you always know when Kelly changes her name, and how it is her? Just woundering.
    Well, first she necroposts... she never responds to any post less than 6 months old.

    Then, she merely restates what has already been said but in a way that is designed to hack off everyone that reads it on both sides of the argument.

    I think of her as one of those Troll dolls with the funky pink hair.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

  7. #7
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    And she ALWAYS hates step parents. That's because she is such a loon that she lost all rights to have contact with her own child.

    She always forgets to capitalize the letter of the first word begining her sentence. She tends to answer her OWN posts. She tends to try to be buddy/buddy with someone after she gets slapped down. She has a penchant for using screen names she has already used, either on this site or the others she haunts.

    There's a whole thread explaining Kelly.

    http://www.laborlawtalk.com/showthread.php?t=169615
    HOOK 'EM HORNS!!!
    How do you catch a very rare rabbit?
    (unique up on him)
    How do catch an ordinary rabbit?
    (same way)

  8. #8
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    Quote Originally Posted by mommyof4 View Post
    And she ALWAYS hates step parents. That's because she is such a loon that she lost all rights to have contact with her own child.

    She always forgets to capitalize the letter of the first word begining her sentence. She tends to answer her OWN posts. She tends to try to be buddy/buddy with someone after she gets slapped down. She has a penchant for using screen names she has already used, either on this site or the others she haunts.

    There's a whole thread explaining Kelly.

    http://www.laborlawtalk.com/showthread.php?t=169615
    To add to this: Look at the posting history ...all her answers are the same.
    Please Note: My "warm and fuzzy" font is not working, therefor my posts will be direct and to the point.

    Thank you in advance for your anticipated understanding.

    Bay

  9. #9
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    Exclamation Termination of parental rights

    Typically, a Court will only 'terminate' parental rights when and if the continuation of the parent/child relationship could potentially be harmful to the child. ALL Courts in the U.S. use the "Best Interest of the Child" theory when determining termination of parental rights/responsibilities and most other child/family law related issues. Note, in some states this is now referred to as Allocation of Parental Responsibilities, etc., rather then 'Custody' or 'Parental Rights'.

    Fathers CANNOT 'voluntarily' terminate their parental rights/responsibilities to escape child support, period!

    If the Father could be a danger to the child then the Court may consider termination of his rights, but the CP (custodial parent) will still be permitted to request support. However, keep in mind the above is rare and most commonly is only ordered by the Court if the parent has crimes in his past against children or the particular child of interest.

    The Court WILL NOT terminate his parental rights/responsibilities just because he does not want to pay support or even if the CP (assuming is your daughter) wants them terminated! No matter what her income may or may not be!

    Is there a standing Custody/Visitation/Allocation of Parental Responsibility Order? Is there an active support order?

    Even if he had ZERO visitation he would still be liable for support in the eyes of the law. Absence of a parent, does not equal the absence of financial support for a child. HOWEVER, your daughter may agree to terminate child support if she so chooses. THIS DOES NOT MEAN HIS PARENTAL RIGHTS ARE TERMINATED! It merely means that he will not have to pay support. Although, as the previous poster stated, if state assistance was received then the state will force at least the aided amount of cash assistance be re-paid and will continue to collect on such money until paid in full! They DO NOT forgive TANF assistance, except in cases of death of the responsible party or in some limited cases severe disability!

    What most people forget is that the Court's NEVER base the decision on what the parents may want, but what the child has a legal right to in life and in the eyes of the law. This typically includes some type of visitation with the child, financial support and medical care!

    Now, if it is an adoption situation then all of the above does not come into play, in totality. HOWEVER, even with adoption the Court makes decisions based on the Best Interest of the Child when determining the outcome. If there is another man, or in some states now a same sex domestic partner, then the Court MAY consider allowing the biological father to waive his parental rights/responsibilities in replacement of the other person taking responsibility. This typically only takes place when it is a cohesive decision between both assumed/determined biological parents or when the requesting parent can show to the Court that it would be in the Best Interest of the Child.

    All in all, any attorney would advise you that he is just blowing smoke at your daughter and he cannot just choose to "give up his rights". It's NOT his choice, no matter what your daughter's income may be! In ALL states it is a legal requirement for BOTH assumed/determined biological parents to provide equal support to that child, both financially and physically (if possible and safe for the child).

    Too many people hear the saying, "terminate your parental rights", when in many cases that is the incorrect term! Most often the Court will suspend parental rights, while providing a legal guardian for the child, when the child may be in harms way. These are usually the stories you hear when someone "loses" the physical custody of their child/ren. HOWEVER, it's rare for a Court to permanently terminate a parent's rights unless the child has been directly or indirectly harmed by a parents actions or inactions!

    Good luck and I would personally NOT worry about this situation too much!

    Disclaimer: Even though I have a J.D. from an accredited Law School, I am NOT a licensed attorney and thus, all statements are merely my personal opinion and any professional opinions will require you to retain a licensed attorney within your state!

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