State in Question is Minnesota...
2006-08-19 07:43:11 · 7 answers · asked by ? 4 in Politics & Government ➔ Law & Ethics
The problem is that you are using "terms of art," and it is not clear what you mean.
Here's the rule in MOST states.
If a person gives up ALL rights of custody, including visitation (in a divorce or paternity case), this means ONLY that the other person has the right to make all decisions regarding the child's welfare, and the person giving up the rights to placement or visitation will need to return to court to have those rights restored. In addition, the parent will be PRESUMED to become the custodial parent should the mother (in this case) die.
In this first example, the father has an obligation to pay child support, for rights of visitation and placement are legally separte from the obligation to pay support.
In addition, many mothers would just like the father out of her life, and out of the child's life. Unfortunately, the state has a say in this. For example, if the mother ever gets benefits (AFDC, etc.), the mother must allow the state to pursue the father for child support (going back to birth). You cannot siimply agree to waive child support -- it is an obligation to support the child (and pay back the state) that parties cannot waive.
We separate this from a proceeding, NOT in a divorce case, where the parent is ADJUDGED by the Court to be unfit (but this is not enough), and enters a Judgment "TERMINATING PARENTALY RIGHTS." This requires the involvement of the Department of Social Services, etc. It usually involves several years of proceedings (to allow the parent to get classes and satisfy conditions), etc. But if the parent is found to be unfit (a danger to the child), AND the court finds it in the child's best interest to terminate parental rights, then it can enter such an Order.
Often, termination of parental rights is not even requested by the state. It simply continues petitioning the Court for orders (usually 6 months to one year in duration) to for custody of the child to be placed with the state (foster care), for the Court can order that the parents (sometimes both of them) to pay support.
A termination of parental rights is most common when one or both parents are unfit, and there is a person who wants to adopt the child. Then, in order to transfer custody (rights and obligations),. the Termination of Parental Rights is entered, and the obligation to pay support ends (but so does all opportunity to try to resurrect the parental bonds by a petition to increase visitation, etc.).
I suspect that the answer in your case is that he and mom have agreed that mom has sole custody, she may have agreed to waive support (which is not her right), but now either she or the state is coming after him for support. If that is the case, he could be facing an enormous back-child support bill, and it would be well worth his time and money to consult with an attorney.
The foregoing is general information and is not intended as legal advice. Legal advice can only be provided by an attorney licensed to practice in the state, and should be obtained for any specific legal question.
2006-08-19 08:02:33 · answer #1 · answered by robert_dod 6 · 1⤊ 0⤋
One has nothing to do with the other. Look at how many fathers who want zero to do with kids that they swore aren't even theirs and are paying child support after DNA testing. I know a woman who got child support after a one night stand! It more depends on how much each parent earns. If Dad is unemployed or a student and Mom is a VP of a computer company Dad is not paying child support.
Look on: http://www.nvo.com/beaulier/newminnesotachildsupportlawfaqs/
2006-08-19 07:57:16 · answer #2 · answered by jandor9 3 · 0⤊ 0⤋
I don't think so. When they give up rights thats all rights including the obligation to pay child support.
2006-08-19 07:50:00 · answer #3 · answered by squirrellchica 3 · 0⤊ 0⤋
mmmm good question.....i would imagine so because if that was the case then every dead beat father would just give up the rights to there child so they would not have to pay...I am sure he still has to pay reguardless
2006-08-19 07:49:30 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Normally not, but each state is different. Call your local child support office.............
2006-08-19 07:49:09 · answer #5 · answered by SweetT 3 · 1⤊ 0⤋
no, a person who has no rights should have no responsibilities either. i dont think it matters what state you are in
visit http://www.scholarsfor911truth.org/
WAKE UP AMERICA
2006-08-19 07:49:47 · answer #6 · answered by Anonymous · 0⤊ 0⤋
http://www.nvo.com/beaulier/terminationofparentalrights/
Hopefully this answers your question... good luck!!
2006-08-19 09:13:33 · answer #7 · answered by petalfushia 2 · 0⤊ 0⤋