Can you terminate your child custody rights but still agree to child support payments? 23 Answers as of July 10, 2013

Can a man terminate rights to a child but still agree to pay child support?

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Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
When rrights are terminated, so are the obligations associated with them. You may voluntarily agree to make a gift to someone to help them raise their child but you are under no real obligation.
Answer Applies to: Connecticut
Replied: 7/18/2011
Fredric H. Aaron, Attorney at Law, P.C.
Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
The issues of custody and child support payment obligations are not completely linked. Even if a man terminates all of his rights to a child (custody and visitation), his responsibility to pay child support will remain until that child reaches maturity. You should consult an experienced matrimonial attorney before agreeing to anything with respect to your child.
Answer Applies to: New York
Replied: 7/18/2011
Law Office of James Lentz
Law Office of James Lentz | James Lentz
Yes...but why would he? Please discuss this option with a domestic relations attorney in your town.
Answer Applies to: Ohio
Replied: 7/16/2011
Goolsby Law Office
Goolsby Law Office | Richard Goolsby
We are child custody and divorce lawyers in Augusta, Georgia. I am unsure exactly what you hope to accomplish, but we suggest that you consult with a family law attorney in your area concerning your rights and options. Termination of parental rights is a very serious matter and it is important that you consult with a divorce/family law lawyer ASAP before you do anything else. Good luck.
Answer Applies to: Georgia
Replied: 7/16/2011
Pontrello Law
Pontrello Law | William Pontrello
No.
Answer Applies to: Florida
Replied: 7/15/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Terminating rights is not a simple procedure. More likely than not the answer is no.
    Answer Applies to: Michigan
    Replied: 7/15/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    No, if the parental rights are terminated then so is the support obligation.
    Answer Applies to: Alabama
    Replied: 7/15/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    A parent can agree to orders that grant no parenting time but still require payment of child support. A parent can also consent to allow the new spouse of the other parent to adopt the child (which terminates the parent's rights and obligations for the child).
    Answer Applies to: Arizona
    Replied: 7/15/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You have to pay support, but no one can force you to visit a child.
    Answer Applies to: Georgia
    Replied: 7/15/2011
    Neville J. Bedford Attorney at Law
    Neville J. Bedford Attorney at Law | Neville J. Bedford
    That is rather unusual in my experience. Discuss the particulars with a family court attorney. Elements like arrearages have particular rules.
    Answer Applies to: Rhode Island
    Replied: 7/15/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    The reason for your question isn't clear, but it doesn't accurately acknowledge the relationship between parental rights and obligations. Without rights, there are no obligations. Generally, a parent cannot terminate or relinquish parental rights voluntarily except in connection with an adoption. Until parental rights are terminated by a Court, the financial obligation to pay child support continues. If parental rights are, in fact, terminated by a court order, there is clearly nothing that prohibits that parent from agreeing to continue to pay child support but he would not have any legal obligation to do so.
    Answer Applies to: Colorado
    Replied: 7/15/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    You would need to convince a court it was in the child's best interest, but you probably could enter an agreed parenting plan that gave the father no visitation or decision making rights. That would not affect his obligation to provide support.
    Answer Applies to: Washington
    Replied: 7/15/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    You can agree to what ever you want.
    Answer Applies to: Florida
    Replied: 7/15/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    An obligation to pay continuing child support is terminated when all parental rights-not just custody rights-are terminated. A person may enter into an agreement to continue to pay support, which may be enforced if the contract is properly drafted.
    Answer Applies to: Louisiana
    Replied: 7/15/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    I am not sure what you are trying to accomplish, so yes, you can in some cases terminate your own custody rights but still pay child support.
    Answer Applies to: New Jersey
    Replied: 7/10/2013
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    Yes. Any person can enter into a binding contract to continue to pay child support, even if he agrees not to see his child.
    Answer Applies to: California
    Replied: 7/15/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    No. If the rights are terminated, so are the obligations.
    Answer Applies to: Wisconsin
    Replied: 7/15/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Generally, it requires court action to terminate parental rights. That means that the court has to approve the termination. The court will usually will not do it without a very good reason (for example, if the child is being adopted by someone else). If your parental rights are terminated by the court, that generally also terminates any obligation you have to pay child support or in any way support the child. I suppose that if you do somehow manage to get your parental rights terminated, you can still pay child support if you want to. However, there would be, it seems to me, no enforceable obligation on your part to pay child support. Instead, when you make the payment, you would simply be making a gift.
    Answer Applies to: Washington
    Replied: 7/15/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    A parent cannot terminate his custody rights unless the other parent assumes custody of the child. The non-custodial parent will still have visitation or parenting time rights, but he is not forced to assert them and doesn't have to visit the child. If the child is adopted, then a biological parent's parental rights can be terminated.
    Answer Applies to: Oregon
    Replied: 7/15/2011
    The Coyle Law Office
    The Coyle Law Office | T. Andrew Coyle
    Absolutely - child support obligations are only canceled when the child is adopted by another person. So, child support continues regardless of whether or not the parent wishes to have custody or visitation.
    Answer Applies to: Illinois
    Replied: 7/15/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    Well, not in the terms used in the question. It is possible for a parent to sign a RELINQUISHMENT, which would have no effect on support obligations, but a court-ordered termination of parental rights, at least in Nevada, terminates both custody and support rights and obligations.
    Answer Applies to: Nevada
    Replied: 7/15/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    there is no legal obligation to pay support after rights are terminated.
    Answer Applies to: Connecticut
    Replied: 7/15/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    No, once parental rights are terminated, all obligations are also terminated (excepted possible arrearages).
    Answer Applies to: Illinois
    Replied: 7/15/2011
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