My husband would rather give up his rights to our two beautifull kids that pay child support. does any one know what that means for him and if he would still have to pay child support? I really would perfer just to get him out of their lives but i need some info. please help. dont know if it verrys by state but im in Wv.
2006-06-16 08:00:00 · 11 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
He cannot just give up his parental rights because he does not want to pay child support. I don't know what state you live in but normally YOU have to want this to happen before a judge would even consider this. My brother did this because his ex was a U KNOW WHAT and she wanted him to do this in order for her boyfriend to adopt him after they got married. If you agree and he does relinquish his parental rights, HE WILL NOT HAVE TO PAY SUPPORT FOR THE CHILD. A judge will actually make this decision so if you don't want it just don't agree. No judge I know would allow a person to abandon their child like that. If he does not want to see the child, well that IS his decision but child support will remain. Now getting him to pay on time may be your next problem. Have his wages garnished. Its the best way if possible.
2006-06-16 08:13:34 · answer #1 · answered by twanieskies 2 · 1⤊ 0⤋
Hi
Sorry to hear about your situation. I can tell you that I live in Rhode Island and I was just going through this 3 years ago with my husbands ex wife. In my state when you relinquish all parental rights, with that goes any visitation and child support so if your ex is thinking about doing this just to evade paying child support he should think long and hard about it - he may regret his decision in the future. It is not clear cut in every state though, in your state it very well may be that he can relinquish his rights as a parent but he may still have the financial responsibility until his kids are 18. In any instance I wish you all the luck with your problem.
2006-06-16 15:17:59 · answer #2 · answered by jaysgirl82004 2 · 0⤊ 0⤋
As far as I know, when someone terminates their parental rights it means just that. In the eyes of the law, they are no longer parent to that child and therefore not responsible for them in any way. While that means they do not pay child support, it also means they have absolutely no role in the child's life. No right to visitation, no decision-making authority, nothing. I think the particulars may vary from state to state, so check with a lawyer in your area for details.
2006-06-16 15:09:53 · answer #3 · answered by browneyedgirl 4 · 0⤊ 0⤋
In Texas, the parent does not have to pay child support. But, I am sure that it varies by state. However, if you think that your childrens lives would be better w/out him there, then I wouldn't stop him. This is such a sad story. I kinda grew up in this situation. It was my mother though. She did not sign over her rights, but she was in prison and in and out of mine and my brothers life. Just give your children, (when they get older) the option to find him if they want. And I know that if yourgonna hate your husband for this, but try not to talk bad about him in front of the kids. And when they get older you can tell them about what happened, then they can handle it better and understand things.
Hope this helps!
2006-06-16 16:57:10 · answer #4 · answered by Amanda S 1 · 0⤊ 0⤋
You really need to think about your children's ages and how long was he in their lives? Yes the child support is a large factor but I got to the point if he is making my daughter happy that's all I will worry about. Don't get me wrong I still have the child support order and one day it will catch him (he currently owes $32,000.00) but the most important thing is that my daughter is happy. I am in CA and you can obtain full physical custody and that makes the child support higher the more time you spend with the kids the less you pay.
Good luck and keep your head on straight think about the kids and not your feels or your spite.
2006-06-16 15:12:46 · answer #5 · answered by 4X4 Woman 3 · 0⤊ 0⤋
Laws vary by state and courts have wide latitude in interpreting those laws so there is no simple yes/no answer to your question.
Termination of rights generally includes termination of child support, but not always. And, courts are reluctant to terminate rights unless there is an adoptive parent willing to assume those rights (responsibilities).
However, each case is different and there is no simple answer.
2006-06-16 15:06:10 · answer #6 · answered by Left the building 7 · 0⤊ 0⤋
You have to agree to let him give up his rights, first of all, and are you sure you want to do this? Remember, this choice is still up to you, since you both have to agree to it.
If he gives up his rights to the kids, aftewards, he does not have the right to visit them and he does not have the responsibility to pay child support, either.
Usually, judges let a parent give up their rights if somebody is there to take the place of the abandoning parent. So I do not know if the judge would approve of a single parent doing it. If you both really want to do this, then the only way to know is to try.
2006-06-16 15:08:05 · answer #7 · answered by Kestra SpiritNova 6 · 0⤊ 0⤋
It means he has no legal ties to them. It would be as if they didnt exist to him.
He would not be able to see the kids or have contact with them.
As for child support, there wouldnt be any.
Good luck.
2006-06-16 15:19:09 · answer #8 · answered by ? 2 · 0⤊ 0⤋
Giving up parental rights constitutes being released from all current and future financial obligations.
2006-06-16 15:05:53 · answer #9 · answered by KewlMom 1 · 0⤊ 0⤋
iT DOES VARY IN DIFFERENT STATES, BUT OKLAHOMA IS IF YOU GIVE UP YOUR PARENTAL RIGHTS, YOU STILL HAVE TO PAY CHILD SUPPORT, CONTACT A LAWYER.
2006-06-16 15:57:39 · answer #10 · answered by ~*Jenny*~ 4 · 0⤊ 0⤋