o.k. i'm asking this for a friends older brother...
If he gives up his parental rights does he have to pay child support?
o.k. the guy was married and then they split up when the child was 3 (the wife got the child) well the judge said that the guy had to pay child support AND he gets visitation rights well the last time he seen the child was 6 well child is 15 now, and the guy is STILL paying child support and HE STILL HAS VISITATION RIGHTS… but his ex-wife WILL NOT let his see the child. He lives in VA. his ex and child live in WV. And judges in BOTH wv and va say he has visitation rights… what can he do?
2007-03-08 03:13:14 · 13 answers · asked by girl_of_your_dreams_1331 4 in Pregnancy & Parenting ➔ Parenting
No, if he gives up parental rights, he is legally no longer a "father" (parent) so there's no child support.
However, if he wants to be a father, he should take that skanky h0bag ***** to court and sue her for alienating his child---if he was given visitation rights and she's denying them, then ThAT is a VIOLATION of a court order--the judge could slap some heat on her!
2007-03-08 03:18:43 · answer #1 · answered by Munya Says: DUH! 7 · 0⤊ 0⤋
"If he gives up his parental rights does he have to pay child support?" That depends upon the state he lives in. In California the answer is YES, giving up parental rights does not mean giving up supporting the child unless someone else is supporting that child (like if a mother remarries and her husband adopts the child).
The only thing this "friend" can do is to see his lawyer, should have done that a number of years ago obviously. However he needs to remember that child support is NOT payment for visitation. Just because he pays child support doesn't automatically mean hea gets visitation. Again he has to discuss this with his lawyer whidh is what he SHOULD have done about 9 years ago...
2007-03-08 03:44:04 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Okay i live in Wv.......... been here....
If he signed over all rights then no he would not have to pay child support or have visitation rights..............
If he has not signed over rights then he has a right to see the child he needs to contact the courts and inforce the visitation rights, just because the man doesn't pay the child support does not give the women the right to stop him from seeing the child........
He needs to go back into court and have it ordered that he gets the child for some holidays and summers.. since they live in different states............ or 1 weekend a month!
Either way if he is paying for the child and all that and has visitation he needs to head back to court and get those inforced or if he has the original papers just go see the child and if she refuses call the police and they will inform her she has no right to stop him............
2007-03-08 03:22:43 · answer #3 · answered by Anonymous · 0⤊ 0⤋
THIS IS THE ANSWER
:
MOST states will NOT allow a parent to voluntarily terminate their "rights" (actually, the obligation to pay child support) because:
a. it deprives the child of financial support;
b. if the custodial parent dies, the child becomes an orphan;
c. the child has rights to financial support AND the emotional and other support that comes from visitation.
Now, having said THAT:
the FATHER should be filing a Petition For Contempt (violation of visitation) and a Petition To Enforce (to enforce visitation rights).
The ONLY way the father can have his rights (and obligations) terminated is for someone to ADOPT the child.
BUT - father MUST follow up and make sure the adoption is finalized.
ALSO - courts will NOT allow the following agreement by MOM:
"Dad doesn't have to pay child support, if he agrees not to visit the child." THIS IS NOT ENFORCEABLE and only results in Dad racking up a HUGE debt and missing all of his time with his child.
2007-03-08 03:26:40 · answer #4 · answered by Anonymous · 1⤊ 0⤋
You can take her to court and say I been paying child's support and I have visitation rights but shes not letting me she the child. But now that the child is fifteen she can make her own mind up. She can choose to see her father or not and the mother can't say anything.
2007-03-08 03:26:37 · answer #5 · answered by wetcat2009 4 · 0⤊ 0⤋
If he has court-ordered visitation rights and she won't let him see his child, she is in contempt of court and can go to jail. Techincally, he can pull the child from the home right now and get full custody of the child. Have him talk to a lawyer. As long as he is paying child support she has no right to keep him from seeing his child.
If he signs away rights, he won't have to pay child support, but it also means that he probably will never get to see his child either.
If he wants to see the child, have him get in touch with a lawyer.
2007-03-08 03:27:25 · answer #6 · answered by 'Lissa 5 · 0⤊ 0⤋
the mother can not keep the dad from visiting the child specially if its court ordered. if he took her to court and told that she refuses to let me have contact with the child she will be in lots of trouble. if he gave up his parental rights he would not have to pay child support the downside to that is the child might think his father doesn't love him anymore. hope this helps
2007-03-08 04:24:09 · answer #7 · answered by this name 4 · 0⤊ 0⤋
if he gives up his rights then he doesnt have to pay child support but at the same time he has no say as to what happens with the child (which it sounds like he doesnt already) ex. if someone wanted to adopt it and change his last name. or he can take her to court and they can order her to let him see the child.
2007-03-08 03:18:05 · answer #8 · answered by alanis 3 · 0⤊ 0⤋
The ex wife went against a court order. Your friend needs to contact an attorney.
2007-03-08 04:16:03 · answer #9 · answered by KathyS 7 · 0⤊ 0⤋
If he gives up his rights he won't have to pay any future child support. He would still have any past due unless he makes a deal with his x to remove all past due. I just with through this with my x however in California.
2007-03-08 03:19:09 · answer #10 · answered by lorilou 2 · 0⤊ 0⤋