Men’s Divorce Lawyer, Cordell & Cordell
Some dads wonder if it’s possible to terminate their parental rights to the child in order to stop the payment of child support.
In most states, termination of parental rights does not necessarily terminate the obligation to provide child support (unless the termination is occurring so that someone else, such as a stepparent, can adopt the child).
Under most jurisdictions, the rights a parent has to their children are entirely separate from the duties a parent has towards their children.
Parental rights include things such as the right to visitation, to receive information about your child’s health care, to consult with the other parent regarding the child’s education, and even to possibly receive a portion of your child’s earnings (your previous divorce decree, court order, or state statutes should outline what rights you currently have).
Parental duties include things such as paying child support and providing for the physical well being of your child. The Court’s obligation is to ensure that measures taken are in the best interest of the child, and children need to be provided for, so a termination of parental rights does not necessarily terminate parental duties.
In other words, a parent’s decision to voluntarily give up his or her rights to visitation, etc., may not have any effect on his or her obligations to still provide for the child through child support.
You should speak to a men’s divorce lawyer in your jurisdiction for specific legal advice about the laws in your state. Cordell & Cordell has divorce attorneys located in 16 states.
Rachel A. Brucks is a Staff Attorney in the Fort Worth, Texas office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Brucks is licensed in the state of Texas. Ms. Brucks received her Bachelors degrees in English and Political Science from the University of Texas at Arlington. She received her Masters in Literature and Gender Studies from Texas State University, San Marcos; and received her Juris Doctor from Southern Methodists University, Dallas.