Parenting and Children
Child Support
Arizona

Can a father give up rights to a child to avoid paying child support?

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2005-09-29 17:09:49
2005-09-29 17:09:49

Whether or not parental rights can be voluntarily relinquished for any reason depends upon the laws of the state in which the child was born or currently resides. A biological parent can file a petition with the court to have parental rights terminated. The parent must meet all the TPR requirements established by the laws of the state, even so, the presiding judge can dismiss the case with or w/o prejudice, or refuse to grant the decree, for several reasons. The granting of a voluntary relinquishment of parental rights generally pertains to the process of allowing the adoption of a minor child by another qualified adult,such as the other parent's new spouse.

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Related Questions


You can sign your rights away but you will still have to pay child support if you are the father or mother of the child. There is no way to avoid paying child support.

Normally you would not be allowed to relinquish your rights just to avoid paying support, but, you are allowed to do so if the mother doesn't want the support money.

He can't avoid court ordered child support.

Generally you still have to pay child support even though you are giving up your parental rights unless the child is being adopted.

No. Yes. If the mother is married and her husband is willing to adopt the child(ren).no

No.The only way that rights can be terminated for that purpose is if mother remarries and step parent legally adopts.

No, voluntarily relinquishing your parental rights does not excuse you from paying child support.

In general, parental rights are terminated either preparatory to an adoption, or after a trial in which it is determined that the parent is unfit. In any case, termination of parental rights does not, in itself, terminate child support.

In general, parental rights are terminated either preparatory to an adoption, or after a trial in which it is determined that the parent is unfit. In any case, termination of parental rights does not, in itself, terminate child support.

NO, giving up parental rights doesnt absolve one from financial responsibilty of a child you bore, unless the other person agrees.

That is the case in most states, once you sign over the rights to a child, you are no longer considered the guardian and have no legal or financial obligations to that child.

No. To voluntarily relinquish parental rights in the US, you must be able to give a 'good cause' reason for it. One good reason would be in preparation for the child to be adopted. Trying to avoid responsibilities such as paying child support is not a good reason, the application would be dismissed.

Signing away custody rights does not relieve a parent from the obligation of paying child support. In fact it pretty much guarantees that she will be paying child support. However, she is not required to pay it until there is a court order for it.

My answer to that would be 'No'. The father is responsible for providing child-support regardless of who has custody of the child; at least until the age of 18.

No. Nor should he or she. If a child is legally adopted by a new spouse or other qualified individual(s) the biological parent (s) will be legally relieved of support obligations.

Generally, no. If there exists a father with visitation rights the mother cannot take the initiative to move out of state so as to affect the father's visitation rights. It doesn't matter whether he is paying child support or not. Those are two separate issues and two separate orders. She needs the written consent of the father and a modification of the visitation order. She should consult with an attorney in order to avoid future legal difficulties.Generally, no. If there exists a father with visitation rights the mother cannot take the initiative to move out of state so as to affect the father's visitation rights. It doesn't matter whether he is paying child support or not. Those are two separate issues and two separate orders. She needs the written consent of the father and a modification of the visitation order. She should consult with an attorney in order to avoid future legal difficulties.Generally, no. If there exists a father with visitation rights the mother cannot take the initiative to move out of state so as to affect the father's visitation rights. It doesn't matter whether he is paying child support or not. Those are two separate issues and two separate orders. She needs the written consent of the father and a modification of the visitation order. She should consult with an attorney in order to avoid future legal difficulties.Generally, no. If there exists a father with visitation rights the mother cannot take the initiative to move out of state so as to affect the father's visitation rights. It doesn't matter whether he is paying child support or not. Those are two separate issues and two separate orders. She needs the written consent of the father and a modification of the visitation order. She should consult with an attorney in order to avoid future legal difficulties.

Yes you can object. Generally a court will only terminate a parent's rights in order to allow a legal adoption to proceed or in cases of extreme abuse or neglect. A father cannot ask for his parental rights to be terminated simply to avoid paying child support.

You avoid it by not having children. If you have a child you are legally responsible for financially providing for the child, unless the child has been adopted (in which case your rights and obligations to the child cease to exist).

Yes, you cannot simply give up parental rights in order to avoid child support. Generally there must be another adult who is willing to take over your legal responsibilities and financial obligations as the child's parent, for you to avoid continuing to have to pay chile support.

There has to be a very good reason or the courts don't allow it(you CAN'T sign over parental rights to avoid paying child support). If you have a valid reason you would want to contact an attorney. Person seeking parental rights would have to go through the court system to have them terminated from someone else.

Is the intent to avoid paying child support in states where it runs past age 18?

No, that won't work. Even if you give up your parental rights you still have to pay child support. If the child is left for adoption or in foster home you also still pay, until the child is adopted. There is no reason why the state would want to pay for your child just because you decide you don't want to pay.

In general, to terminate or avoid paying child support, you need to show the court that: you are not the father of the child; you have custody of the child; the child is deceased; the child has been adopted; the child is emancipated; the child has attained majority; and/or you have no income other than public assistance; AND, you do not owe any past-due support.

To report someone working under the table to avoid paying child support is to tell your attorney if you are the person that the child support is supposed to be paid to. You may even need to file a motion for contempt of court.


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