Relinquishing parental rights
Question Details:
I have a son who is almost 3 years old. His father and I have been apart for almost a year and he has never paid any child support. Recently he got out of jail and contacted me saying he wants to sign over his rights because he can't find work to pay child support and he doesn't want to go back to jail. I am more than willing to allow him to do this. How do I go about it?
Divorce, Marriage, Alimony Law Answers
You can’t just sign over your rights in some informal way. If a Petition for termination of parental rights is filed, the court will determine if so terminating the parent's rights is in the best interest of the child.
If the Court does not terminate your rights, any support order will remain in place. If the court does terminate your parental rights, this stops current child support payments. However, it will not wipe out any arrears owed, so your payment may not stop, until that amount, plus compounded interest, is paid.
The court can be motioned to reduce or suspend the arrears, but there are states that have laws against it, and if the money is owed Welfare, the judge cannot reduce or suspend any arrears.
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