QUESTION
If the dad relinquishes rights to our baby, does he still pay child support?
Asked on Oct 30th, 2012 on Child Custody - Louisiana
More details to this question:
The baby is not born yet, but we both want him to relinquish rights. However, does that mean he will also not be responsible for child support?
15 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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He can not give up his parental rights.
Answered on Nov 05th, 2012 at 9:09 PM
Ordinarily the court will not allow the father to relinquish his rights in a vacuum because:? that instantly "bastardizes" the child and there's no one but the taxpayers and the mother to support the child (there would be NO child support in that case).? So you either "lie in the bed you made" or find someone else to marry and adopt and support the child.
Answered on Nov 02nd, 2012 at 5:52 PM
Dennis P. Mikko
A parent cannot just sign off their rights to a child. The child has the right to both parents. In your case, the father will have an obligation to support the child and will also have a right to some form of custody and parenting time.
Answered on Nov 02nd, 2012 at 1:41 AM
Personal Injury Attorney serving Upland, CA
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Lee Brown & Associates
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He is responsible to pay child support until the child is adopted by someone in his place.
Answered on Nov 01st, 2012 at 10:22 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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He cannot just relinquish his rights and responsibilities.
Answered on Nov 01st, 2012 at 3:12 AM
Administrative Law Attorney serving Winter Garden, FL
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Channell Law Firm, P.A.
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He cannot just relinquish like that. See an attorney for particulars.
Answered on Nov 01st, 2012 at 3:10 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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There are some things the law will not stand for. A father giving up his rights is one of those things. For terrible crimes, a father may be denied his rights, and if the child were to be adopted by another man the rights of the father would end. Whatever document you have will not be recognized by a court. As a single mother you have rights. One of those is to child support. Please visit a family law attorney to learn your rights and obligations.
Answered on Nov 01st, 2012 at 3:08 AM
Voluntary relinquishment of parental rights is not sufficient for a parent to rid himself of the financial obligation of supporting ones biological child nor does it effect the child's right for support. There are only two ways a father will no longer have to pay child support: 1) adoption and 2) his rights are terminated after hearing by the Court. There are easy ways of securing what you want, you can quickly and easily petition for paternity to establish a support order AND when the child is born get a custody order in place as well.
Answered on Nov 01st, 2012 at 1:16 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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First, he can't relinquish rights that he doesn't even have yet. Until there is a court order saying what his rights are, his only right will be to ask the court to say what his rights are. Second, courts will not let a father off the hook for child support just because the parents want him to give up any rights he may have. So, the real question becomes why would a father give up the right to be a father if he will have to pay child support anyway? And, even though you may not choose to pursue child support now, he has no protection against you changing your mind or from the state seeking child support if you ever apply for welfare assistance.
Answered on Nov 01st, 2012 at 1:15 AM
Family Law Attorney serving El Cajon, CA
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Law Offices of Sheryl S. Graf
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The simple answer to your question is: "Yes", but the family court will not typically approve a relinquishment of child custody rights because to do so would allow your child to be fatherless (which is against public policy). The information presented here is general in nature and should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.
Answered on Nov 01st, 2012 at 12:52 AM
Fathers cannot just "give up their rights." Parenthood is a Constitutional right. If there is another man willing to adopt the child and step up to be a father, then the bio dad's rights can be terminated. In the meantime he has the right and responsibility to take care of this child (pay child support) and see the child and be a father.
Answered on Nov 01st, 2012 at 12:51 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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The State wants a child to have two parents, so the court may not permit him to relinquish his rights. If someone else adopted the child, he could relinquish his rights and then would not have to pay child support.
Answered on Oct 31st, 2012 at 11:55 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No, a relinquishment of parental rights to legal custody or parenting time does not relinquish the requirement, to the child, that the parent support it. Therefore, fathers which give up their rights are still liable for child support.
Answered on Oct 31st, 2012 at 11:54 PM
General Liability Attorney serving Harrisburg, PA
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Abom & Kutulakis, L.L.P.
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In PA he may not relinquish unless someone is in line to adopt.
Answered on Oct 31st, 2012 at 11:53 PM
1 Award
If his parental rights are terminated as in an adoption, he is not legally obligated to pay child support.
Answered on Oct 31st, 2012 at 11:47 PM