Does the mother have to pay support if she gives up her parental rights? 23 Answers as of May 30, 2013

They are mot married and the mother wants to give up her rights to her baby but the father wants the custody.

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The Law Offices of Laura A. Walker | Laura A. Walker
When you have your parental rights terminated you no longer are financially responsible for the child.
Answer Applies to: Wisconsin
Replied: 2/22/2012
Snake River Law PLLC
Snake River Law PLLC | Mark Petersen
A parent cannot "give up their parental rights" without a court order terminating their parental rights. A parent who gives up their parental rights without a court ordered termination of parental rights will likely still have to pay child support for the child. Only a court ordered termination will stop the requirement to pay child support.
Answer Applies to: Idaho
Replied: 2/8/2012
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Rights and obligations are entertained. Give up one, give up both, keep one, keep both. Child support is an obligation of a parent.
Answer Applies to: Texas
Replied: 2/8/2012
Lana Panagoulia Law, PLLC
Lana Panagoulia Law, PLLC | Lana Panagoulia
You should consult with a family law attorney for all your questions. Specific facts not otherwise mentioned in your post may impact the answer to your question. The short answer to your question is based on a recent decision of the Michigan Supreme Court, In re Beck, 488 Mich 6 (2010). The Beck Court held that a parent's termination of parental rights does not terminate the obligation to pay child support.
Answer Applies to: Michigan
Replied: 2/6/2012
Elizabeth Jones, A Professional Corporation
Elizabeth Jones, A Professional Corporation | Elizabeth Jones
Mom can give up her custodial rights. But she can of give up her parental rights unless there is someone to step into her shoes by step parent adoption or other adoption. And yes she remains responsible to support her baby until that occurs. Of course it is up to the father whether or not be asks for support.
Answer Applies to: California
Replied: 2/6/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    You can't give up parental rights.
    Answer Applies to: Michigan
    Replied: 2/6/2012
    The Barrister Firm
    The Barrister Firm | Christopher Benjamin
    Typically parental rights can only be terminated by the State or relinquished for an adoption of the child. Parental rights aren't lost to the other parent (typically, only custody is lost) but if the one parent has primary custody (i.e. the parent with the majority of time sharing) then the other will typically have to pay child support.
    Answer Applies to: Florida
    Replied: 2/6/2012
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    A mother cannot agree to commit the criminal act of not paying child support.
    Answer Applies to: Georgia
    Replied: 2/3/2012
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    The appropriate way to handle that matter would be for the father to file a Paternity case, and for the mother to stipulate to a Judgment of Paternity which provides that the father gets sole physical and legal custody of the child. If the mother earns a living, she should pay guideline child support. If the parties agree that the mother won't have to pay child support, the stipulation would need to contain a declaration in accordance with?the provisions of Family Code Section 4065.
    Answer Applies to: California
    Replied: 2/3/2012
    Ipson Law Firm, PLLC
    Ipson Law Firm, PLLC | Michael Ipson
    If she terminates her parental rights then no she will not be required to pay any child support. If she surrenders custody but retains parental rights then yes she will have to pay child support.
    Answer Applies to: Utah
    Replied: 2/3/2012
    Peyton and Associates | Barbara Peyton
    No.
    Answer Applies to: California
    Replied: 5/30/2013
    DEAN T. JENNINGS, P.C.
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    A termination parental rights must be Court order and an adoption must occur to remove the legal obligation to support the child.
    Answer Applies to: Iowa
    Replied: 2/3/2012
    Anthony Saunders Esq., PLLC | Anthony M. Saunders
    Even if parental rights are terminated or given up, child support would still be owed. There are things you can do to minimize this and a competent attorney can instruct you on your specific case. Adoption would allow for child support to be terminated in some instances, or an agreement on the child support amount through the courts. You should speak with an attorney about your case.
    Answer Applies to: Utah
    Replied: 2/3/2012
    THE DOUGLAS LAW FIRM, LLC
    THE DOUGLAS LAW FIRM, LLC | HEATHER DOUGLAS
    In Alabama, if the mother gives up all parental rights she is no longer responsible for the child and she no longer has the right to see the child or participate in his/her life. She will not be required to pay child support.
    Answer Applies to: Alabama
    Replied: 2/3/2012
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    In Washington state, "giving up parental rights" does not relieve a parent of their duties. Thus, both parents would continue to have a legal duty to financially support the child.
    Answer Applies to: Washington
    Replied: 2/3/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    First, it is not so simple to terminate parental rights. A court will not grant such a request simply to avoid financial obligations for the parent. Instead, a Court must make finding that the Termination is in the child's best interests. Second, if rights aree terminated, child support would be terminated as well.
    Answer Applies to: Minnesota
    Replied: 2/3/2012
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    There is a difference between giving up parental rights (where the parent/child relationship is severed forever) and giving up custody (where it is not). Termination of parental rights results in no further obligation of support; giving up custody does not (support is still required). Consult with a family law attorney about the specifics of your case.
    Answer Applies to: Georgia
    Replied: 2/3/2012
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    No. But, it isn't that easy to "give up parental rights."
    Answer Applies to: New Jersey
    Replied: 2/3/2012
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Yes.
    Answer Applies to: New York
    Replied: 5/30/2013
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    Your question is from Nebraska. If you were in Massachusetts, yes the relinquishment of parental rights does not necessarily mean you are not required to pay child support. The only way to accomplish a complete severance, including not having to pay child support, is to have the Father adopt the child. I understand that sounds strange, however, with a paternity action that is the best way to accomplish your objective. I would contact a lawyer to discuss the specifics of your case.
    Answer Applies to: Massachusetts
    Replied: 2/3/2012
    The Law Offices of Jill Puertas LLC | Jill Puertas
    No, parental rights equates to no support. If you give up your parental rights, you no longer have any obligations with regard to the child.
    Answer Applies to: Missouri
    Replied: 2/3/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If it is a valid waiver and the court terminates parental rights, the parent who gives up the rights would not be required to pay support since they no longer have any legal obligation to the child. But this only applies when there is a judgment terminating parental rights via a court order.
    Answer Applies to: California
    Replied: 2/3/2012
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