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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 15993
Experience:  7 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I want to give my parental rights up to my childs dad with

Resolved Question:

I want to give my parental rights up to my child's dad with the agreement that I don't want child support or vice versa, would a judge agree to this.
Submitted: 1 year ago.
Category: Family Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

You are considering terminating your parental rights? Is there another person who wishes to adopt the child?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.
Tina they said I could opt out from you
Expert:  Tina replied 1 year ago.
Sure, you can do that, Alice. If you do not wish to continue with me, you are free to opt me out of the question.
Customer: replied 1 year ago.
Relist: Other.
I lost my 1st expert that I wanted to ask
Expert:  Tina replied 1 year ago.
Hello again, Alice. Were you looking for a specific attorney to answer your question? If so, please let me know and I will try to locate them for you.
Customer: replied 1 year ago.

I am a little lost, no there is no adoption or anything...
Expert:  Tina replied 1 year ago.
I'm sorry that you feel lost. Do you wish for me to answer your question now?
Customer: replied 1 year ago.
Relist: Other.
I had an expert who had 99.2 % answer rate that's who I am looking 4
Expert:  FamilyAnswer replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good evening. I would be happy to try and assist with answering your question. No where in the Alabama Child Protection Act does it suggest that termination of parental rights terminates the obligation to pay child support. A custodial parent has no right to child support, but merely receives support on behalf of the child whose right it is. A judgment terminating parental rights immediately and permanently severs the parent’s rights to custody, control and affiliation with the child. If it was determined that a termination of parental rights terminated an obligation to support, in many cases it could require children to depend on the state and that may be far less remunerative than child support to which they would otherwise be entitled. A parent has an obligation to provide support. The state has guidelines which clearly take into consideration each party’s ability to provide support. Alabama law actually holds that the only events that terminate child support are the child’s reaching the age of majority, the emancipation of the child, the adoption of the child, and the death of the child or the obligor parent. Case law has previously
provided that a parent remains obligated to pay child support even when the parent has no custodial rights and the children refuse visitation, or even when the non-custodial parent has no contact with the child. The duty to pay child support and the right to exercise visitation are not interdependent. With that being said, a Judge would not likely terminate and go along with any agreement between you and the father to not have to pay child support, since it is a right of the child, not a right of the father to give up on behalf of the child.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 1 year ago.

I need to know California law
Expert:  FamilyAnswer replied 1 year ago.
Yes, I am sorry about that, it originally posted a different State. Please allow me to clarify but the same ideas and theory of law, still applies. Termination of parental rights means that a person is no longer considered to be the parent of the child. If the court terminates a parent's rights, then he or she is no longer responsible for the child.

In general:

1) The court will usually only order a termination of parental rights if someone else is prepared to adopt the child.

2)If your child has been removed from 1 of the parents by the court, the court can terminate parental rights in order to free the child up for adoption.

3)The court will not order a termination of your parental rights if that would leave the child with only 1 parent responsible for his or her care and support.

You are required to provide financial support for your child whether or not you visit the child. Also, if your rights have been terminated, you still owe the child support that was ordered before your rights were terminated. In addition, the father can certainly petition the court and seek full custody of the child and be able to make any and all decision of behalf of the child. The decision to be involved is entirely up to you. As I said above, child support still may be required but if it is not paid, it would be up to the father to try and enforce it and go after you. He may not care and allow you to just walk away but legally, the Judge would have to terminate that obligation, which is not likely to happen, unless the child is adopted.
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 15993
Experience: 7 + years of handling Family Law, Divorce, Child Custody and Child Support cases
FamilyAnswer and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

So what if he doesn't go after me for child support, then can I get something legally written?
Expert:  FamilyAnswer replied 1 year ago.
If he decided to not go after you, that would be at his own discretion. He would then have the obligation to support the child, entirely on his own. As far as him giving something to you in writing, it would have no legal effect, since he can not give up the right of the child to receive the support, since that is a right that belongs solely to the child, as I stated previously. A Judge is never going to sign an order or allow a parent to give up custody of their child, to the other parent, in exchange for them not going after them for child support.

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