QUESTION
Do I still have to pay child support if I sign my parental rights away?
Asked on Apr 08th, 2014 on Child Custody - Michigan
More details to this question:
I am a non custodial mother. My daughter's father has sole custody of her and hardly ever lets me see her. I am ordered by law to pay child support. If we both agreed for me to sign my rights away, will I still have to pay child support? Will this be an option when I go to court or will I just go straight to jail knowing I'm thousands of dollars behind and also 6 months pregnant?
5 ANSWERS
2 Awards
Generally, your obligation to pay child support terminates when your parental rights are terminated and/or the child is adopted by someone else. However, unless there is someone to take your place as a parent, you would not be generally permitted to voluntarily relinquish your parental rights.
Answered on Apr 09th, 2014 at 3:03 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Maybe. But usually only if there is somebody else there to adopt her as the mother. However, that will not excuse your past child support.
Answered on Apr 09th, 2014 at 3:02 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally a agreement to give up your parental rights will not relieve you of the obligation of supporting your child, or the past due support payments unless that is also by agreement of the parties and there has never been any state involvement in the sense of assistance or welfare. The courts are extremely reluctant to waive past-due child support, or future obligations, unless there is an actual adoption of the child by another responsible party.
Answered on Apr 09th, 2014 at 3:02 PM
In IL, you are not allowed to just sign over your paternal rights, except in the case of adoption, or if DCFS finds you to be an unfit parent.
Answered on Apr 09th, 2014 at 3:02 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You can't just sign your rights away. Unless someone else wants to adopt the child, whether or not you see her , you are responsible for support. You should get a court order that specifies when you see her. Then it won't be left to the whims of the father.
Answered on Apr 09th, 2014 at 3:02 PM