If my son’s biological father wants to give up his parental rightsso asto not have topay child support anymore, can he do this?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my son’s biological father wants to give up his parental rightsso asto not have topay child support anymore, can he do this?
He hasn’t been in my sons life but he constantly keeps saying that he already has a family and has to pay child support for another child. His ex-wife is supposed to be paying him child support but doesn’t so he keeps stating that he is straining for money. His solution is to give up his rights to my son. I had heard that if a father wanted to do this just to get out of paying a judge could still make him pay?
Asked on September 20, 2011 under Family Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The actual process is called "termination" and it can be done voluntarily. Typically, extinguishing such rights relieves the parent requesting the termination of any obligation to their child going forward. However, courts do not take the relinquishment of parental rights lightly. The general standard used by a judge is for "good cause". And filing merely to get out of paying support is typically not sufficient to obtain approval. The fact is that courts do not generally allow termination in a situation where a child is being supported unless there is another source for support, such as someone stepping up to adopt the child and being legally be responsible for their care.
Note: However, even if he can't give up his parental rights, he still may be able to file for a modifcation of the amount of support that he pays.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.