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If a father gives up his "parental rights" does he have to still pay child support?
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If a father gives up his "parental rights" does he have to still pay child support?



This is a common misconception that a man can get out of paying child support by surrendering his parental rights.

Not so. Your parental *rights* and your parental *obligations* are two unrelated things. The ONLY way to get out of being obligated to support your child is if you surrender your rights in order for someone else to legally adopt the child, thus assuming your obligations.


Once your parental rights have been severed, you will no longer be the child's legal parent. You have no obligation to support the child.
However, in order for that to occur there has to be another man willing to adopt the child.

You cannot unilaterally "give up" your parental rights in order to avoid paying child support. If that were the case, there would be hordes of fatherless children out there.
A child deserves the support and guidance of both parents.

That would be the decision of the judge/court of jurisdiction. In most cases signing over physical parental rights does not relieve the parent of their financial obligation unless the other parent agrees. If however, the rights are being relinquished so the child can be adopted, the court will dismiss child support obligations.

Yes, he still pays child support, if his name is on the birth certificate then he's stuck unless the person with possession agrees for him to sign a document saying he doesn't have to. Perfect example, my brother's father gave up his parental rights when my bro was 4 and my dad adopted him. The court asked my mother if she still wanted child support and my father said no, he could support him. I also know another man I worked with who gave up his rights 2 days after his daughter was born but still pays $500 a month in child support and the court is after him to pay more a month. Only way to get out of it is for the legal guardian to agree for someone else to not have to pay support and a document has to be signed and given to the court.

No. However, he can not give up his rights (and responsibilities) unless it is OK with the mother of the child and with the court.

For example, if the father makes a quarter million a year as a stock broker and the mother can only work as a maid, it is unlikely the court would approve the father giving up his parental rights and obligation to pay child support.

On the other hand if the father is a high school drop out and can not pay squat in child support and the mother is a MD who makes good money, the court would be more than willing to OK the deal.

But it is NOT just something the father can decide to do just to get out of child support. Everyone has to agree to it.

Michael H
As a rule yes, terminating ones rights does not absolve them of financial responsibility.

Giving up parental rights means that he is totally out of the picture, and does not pay child support. How sad, though, that someone would give up his child simply to avoid paying out some case to support it....

Buster B
uhm i dont think so,
i think when this happens he isnt allowed to have contact with you.or im guessing no.
my mom threatened my dad if he didnt pay more that she was just going to ask him to give up his rights so he dont have to pay anymore.

Generally, surrendering parental rights is a package deal that guarantees that he won't have to pay child support. If a man is completely disengaged with his child's life, it's a good alternative. Otherwise, there would be little incentive for him to surrender those rights.

I have two wonderful boys, who their daddy gave up all rights without me having a say so in it. My boys are 10 and 11 years old and this is the hardest thing for them because they dont no why, or what did they do? I thought this was very low and real selfish of him to do this. I believe he didnt want to pay child support due to his new girlfriend, two days after he done this he bought a brand new 2011 truck. Where is the justice for my children to have a good child hood. I never work because thats how he wanted it, now I have found a job and its hard, my children has to do without on alot of things, that they have grow a consume too. I think the system on this problem needs to be address. I found that fathers who do this should not be able to do this without paying support for there children for at least 5 years so the mother will have time to get back on her feet and support the children . Its not fair for him to do this leaving all financial responisble for the mothers. If theres any light that someone could help me with letting me know if there any help out there for me to support my children please let me know.

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