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3 Bumps

can the court terminate my ex-husbands parental rights but still make him pay his child support?

I have a twelve year old son. He hasn't seen his dad in over a year.
Last Christmas the court terminated his phone and vistitation contact. The father doesn't answer any of my son's calls. He recently filed a motion to re-instate phone contact. My son now doesn't wish to speak with his dad. I filed a motion for a continuance because I feel it is in my child's best interest to not have phone contact with his dad. The judge is on my side with this as she has granted my motion while I find a lawyer. Now the father has contacted me to accept his voluntary termination of parental rights including child support. I would love to honor his request but do want him to get away with not having to pay child support. I sure could use some help with this as I am not sure I can afford a lawyer. Any strategies to make it a win win for me would be greatly appreciated.

Answer Question
 
maggie58

Asked by maggie58 at 5:33 PM on Nov. 26, 2010 in General Parenting

Level 2 (5 Credits)
Answers (17)
  • yes, they can make him have no rights but still pay.
    FluffyMamaBunny

    Answer by FluffyMamaBunny at 5:34 PM on Nov. 26, 2010

  • well, it doesn't seem right to have him give up all rights AND still have the responsibility... I thought that was the point of signing over rights. It may vary state to state. What state are you in?
    Anonymous

    Answer by Anonymous at 5:37 PM on Nov. 26, 2010

  • I would not terminate rights that included him not having to pay support. They can revoke the visitation w/out that. I had full legal & physical custody of my son & his dad only had visitation when & if I let him. Visitation rights & child support are two separate things. You can have one w/out the other legally.
    Anonymous

    Answer by Anonymous at 5:37 PM on Nov. 26, 2010

  • If he signs over his rights I am not sure?
    pinkdragon36

    Answer by pinkdragon36 at 5:38 PM on Nov. 26, 2010

  • they *can* but it is highly unlikely.
    ObbyDobbie

    Answer by ObbyDobbie at 5:39 PM on Nov. 26, 2010

  • I'm sorry, maybe it's just me, but if you are going to remove his rights to the child, how is it okay to accept his money to support the child? Either it's his child or it's not... If this is his child, he deserves to have the rights to see and speak to him, even if the child refuses... IF it's not his child or he has no rights to even contact the child then he shouldn't be supporting the child...
    Anonymous

    Answer by Anonymous at 5:40 PM on Nov. 26, 2010

  • Put it this way if every dead beat dad in american could go and give up the parental rights and not pay child support then these dead beat dads wouldn't be going to jail SO.....
    Terminating his rights is all great for your son best interest...... maybe.........
    But YRS he will still have to pay child support yes yes yes.
    raemommy

    Answer by raemommy at 5:43 PM on Nov. 26, 2010

  • Chances are they if they terminate parental rights, you are saying that you are taking responsibilty for not just the child but also for all financial support associated with that child.
    Jademom07

    Answer by Jademom07 at 5:47 PM on Nov. 26, 2010

  • I agree with Anon-17.
    Mom2Just1

    Answer by Mom2Just1 at 5:58 PM on Nov. 26, 2010

  • Are you positive your 12 year old son doesn't want to talk to his dad or is he just saying what he thinks you want to hear? I think that when someone terminates his parental rights his obligation to pay child support ends with those rights. I am not sure that is in your son's best interest-and I am not just talking financially. I think it is very sad that you haven't done everything in your power to facilitate your son's communication with his father! Twelve is a tough age for kids; and I am sure he would benefit by having contact with the other half of his gene pool. What has the father done that is so horrible? It just doesn't make sense to me. I grew up without ever getting to know my father. but my mother did not ever receive a dime from him either. I have missed him all my life.
    MamaAlice54

    Answer by MamaAlice54 at 6:00 PM on Nov. 26, 2010

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