Can I choose to give up my rights as father? 13 Answers as of May 20, 2011

I am thinking about giving up my rights to my children. What consequences would I face if I wanted to do so? Would I still be required to pay child support?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
No. A parent may not voluntarily choose to give up their rights in most cases, particularly to avoid a child support obligation. A court must find that the termination is based on statutory considerations and is in the child's best interests.
Answer Applies to: Minnesota
Replied: 5/20/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
It depends on the specific facts. Generally, the courts don't want to eliminate one parent without a replacement. However, it is possible that you could waive your visitation rights, and also be relieved of your support obligation, if the facts allow. It is not a decision I would rush into. Stay well.
Answer Applies to: Alabama
Replied: 5/19/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
You can only avoid child support if the children are adopted.
Answer Applies to: California
Replied: 5/18/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
No, you can't simply "give up" your rights unless there is an adoption by someone else. And even if you try to "renounce" any rights you will still be required to pay child support until a court legally terminates your rights.
Answer Applies to: Colorado
Replied: 5/18/2011
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
You may be able to give up your rights and stop paying support; I have seen this done. It will take a request to the Court to do this.
Answer Applies to: New Jersey
Replied: 5/18/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    If your parental rights are terminated you no longer have the obligation to pay support after the date of the termination.
    Answer Applies to: Connecticut
    Replied: 5/18/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    I am an Attorney, not a therapist. As a Family Law practitioner however, who has seen a lot, particularly with a degree in Psychology, I very strongly encourage you to rethink what you are planning. If you really believe that contact between you and your children would be harmful to the children, both now and for all the years until the children are eighteen - all the years until the children are eighteen - then you might proceed. I almost categorically think that you might be on the brink of a gargantuan mistake. You would not have to pay child support, but you might face some much graver psychological consequences one day if you ever regret what you did. There will be no going back. Your children will almost certainly wonder someday why their father was so willing to give them up. It will almost certainly cause them pain. It will definitely not enhance their psychological well-being. Why would you want to take that course?
    Answer Applies to: California
    Replied: 5/17/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    You will have adverse Child Support consequences if you stop seeing your children, and you should think about the emotional impact upon your children to lose their father. Child Support is based on your income, the mom's income, and your timeshare of the children. Whatever is affecting you regarding your children to induce you to ask your question is something that you would better handle in individual psychotherapy. Why would you abandon your children?
    Answer Applies to: California
    Replied: 5/17/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You can stop exercising your rights but you will still have the duty to support your child unless someone else adopts the child and takes on your financial responsibilities.
    Answer Applies to: Washington
    Replied: 5/17/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Unless someone else is adopting your child, the answer is no. It isn't like a CD you don't like that you can return.
    Answer Applies to: California
    Replied: 5/17/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    This question raises so many issues that an answer is pretty difficult. However, unless someone else is adopting your children, you can't give up your rights. You can't divorce your children. Again, I can't tell from your question what all is going on in your life regarding your children, so realize my answer is given with just your statement in mind.
    Answer Applies to: Oregon
    Replied: 5/17/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    In Washington State, you can "relinquish your time with your children", but you will still need to pay support.
    Answer Applies to: Washington
    Replied: 5/17/2011
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney