Child Support and Termination of Parental Rights

By Rachel Brucks

Men’s Divorce Lawyer, Cordell & Cordell

Many divorced dads are fed up paying child support for a child who refuses to see them. It’s hard dealing with a child who does not want anything to do with you.

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.

 

men's divorce lawyer Rachel BrucksRachel 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.

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5 comments on “Child Support and Termination of Parental Rights

    My brother had been locked up for most of his adult life he recently got released 2 years ago. He recently was able to get a job in the oil fields child support started taking out from his paycheck, long story short he quit due to a lot being taken out. Our mother took the child’s mother to court for grandparents rights which in Texas there is none. The child’s mother did not retain a lawyer so she gave in and agreed to sharing custody as if our mother was the child’s father. My brother has no relationship with the child and the child’s mother has a husband that has been in the child’s life for almost all the child’s life, the child is 12 years old, as I stated before my brother just got out of prison 2 years ago. I would like to get a lawyer for my brother. Can someone help us?

    If your talking about VA disability yes they can take it, especially if you are working and claiming disability. Again this depends on the judge your situation and living conditions you might can get it lowered. Typically terminating rights ends cs obligations so I don’t know why this lawyer is giving clearly inaccurate advice. It is best to terminate your rights during your divorce especially if the other side is saying your dangerous or a alcoholic or what not and not much later down the road when the child is a teenager and you two are just estranged. The court reinforces to the child that your obligation to the children is money only, so even after 18 the kids hit you up for all types of bills and support, and if you refuse they won’t talk to you anymore. Also if you terminate young there is a good chance another will adopt from her end, meaning a better chance the judge will sign it. State laws determine if SSD disability can be garnished for cs.

    What if the courts took your parental rights even though you did not want to lose them. Do you still have to pay child support. Plus your. Only income is disability

    parental rights taken.
    Do you know about oklahoma’s and when parental rights are taken by the court due to disability from the military?

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