QUESTION
Does the mother have to pay support if she gives up her parental rights?
Asked on Jan 19th, 2012 on Child Custody - Massachusetts
More details to this question:
They are mot married and the mother wants to give up her rights to her baby but the father wants the custody.
11 ANSWERS
No.
Answered on May 30th, 2013 at 9:43 PM
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.
Answered on Feb 08th, 2012 at 12:03 PM
Alimony Attorney serving Ann Arbor, MI
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Lana Panagoulia Law, PLLC
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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.
Answered on Feb 06th, 2012 at 1:16 PM
Banking Attorney serving Miami, FL
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The Barrister Firm, P.A.
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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.
Answered on Feb 06th, 2012 at 8:18 AM
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.
Answered on Feb 06th, 2012 at 8:04 AM
Steven D. Dunnings
You can't give up parental rights.
Answered on Feb 06th, 2012 at 7:49 AM
Glen Edward Ashman
A mother cannot agree to commit the criminal act of not paying child support.
Answered on Feb 03rd, 2012 at 11:56 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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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.
Answered on Feb 03rd, 2012 at 1:11 PM
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.
Answered on Feb 03rd, 2012 at 1:10 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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No. But, it isn't that easy to "give up parental rights."
Answered on Feb 03rd, 2012 at 1:05 PM
Family Law Attorney serving Boston, MA
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Law Offices of Susan Correia-Champa
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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.
Answered on Feb 03rd, 2012 at 12:28 PM