Will I Have to Pay Child Support If I Terminate My Parental Rights?
If you are struggling to pay child support, you may think about giving up your parental rights entirely. If you are considering this, you should know that this is not an easy out. The court needs to see that this would be in the child’s interest and back child support would still be owed. If you want to learn more about your options here, you should talk to our Chatham child support attorneys before making any big decisions.
When Does My Child Support Obligation End Normally?
Normally, you would have to wait until your child is considered emancipated in order to stop paying child support. This means that your child has to graduate high school, get married, or join the military. They can also file to become emancipated as a minor.
If your child decides to go through more schooling, they would not be considered emancipated until their time in trade school or college is over. The court would be able to make you continue to pay child support. Sometimes a couple negotiates this kind of deal themselves. The court can also obligate you to continue paying support when a child is disabled or otherwise unable to support themselves.
Can I Simply Terminate My Parental Rights?
So if you do not want to pay child support, then can you just give up your parental rights? This is not necessarily an easy option though. Both parents have to agree that this is in the best interest of the child. Then the court needs to approve the decision as well. If it just seems like you want to get out of making support payments, that is not a compelling case.
We also advise people to think carefully about what they are doing. Giving up parental rights means that you are ending your parent-child relationship. You will no longer be able to make any kind of decisions regarding your child, including health or education decisions. You would not be able to speak to your child until they turned 18. This is a big decision and not one that should be taken lightly or solely motivated by short-term financial woes.
Can I Give Up Parental Rights if Someone Else Adopts My Child?
You are more likely to be able to give up your parental rights if someone else is adopting your child. This happens often when the custodial parent remarries and their new partner wants to adopt their child. In cases like these, you can give up your parental rights and you would no longer have to pay child support. Your former spouse and their new partner would be responsible for financially supporting the child.
Talk to a Family Lawyer Today
If you are weighing your options, our experienced family lawyers can help. Contact Lazor Rantas, PC and schedule a consultation. We have helped plenty of people in your position, and we can help you figure out the best path forward for you and your child.