Some parents may choose to give up parental rights and not pay child support. Here’s how to voluntarily terminate parental rights and not pay child support.
Parents have both legal rights and legal responsibilities. In some cases, these legal responsibilities include child support. While parental rights include making choices regarding a child’s education, healthcare, religious practice, and other matters that are important, paying child support can be difficult for a parent.
What Happens If You Give Up Parental Rights?
When parental rights are terminated, first and foremost, the parent no longer gets to raise the child, nor make vital decisions regarding their child’s upbringing. The parent usually has no right to visit or contact their child.
Furthermore, upon the termination of parental rights, the parent no longer has the obligation to pay child support. The voluntary termination of parental rights is permanent.
How to Voluntarily Terminate Parental Rights
It is difficult to voluntarily terminate parental rights. Essentially, the only way to do so is through the adoption of the child. These are the two following ways to relinquish parental rights:
- Voluntary Relinquishment of Parental Rights Through Family Court Adoption Proceedings
- One way to voluntarily terminate parental rights is if both parents relinquish their child to an independent adoption agency
- Voluntary Relinquishment of Parental Rights Through Family Court Stepparent of Domestic Partner Adoption Proceedings
- For any parent who is trying to get out of paying child support, this is likely the only option to do so. If the child’s other parent has a new domestic partner who is adopting the child as a step-parent, one can choose to voluntarily terminate his or her parental rights. The court must find that the parent willfully abandoned the child.
Related: How to Terminate Parental Rights in California
Steps to Voluntarily Terminate Parental Rights
Voluntary relinquishment of parental rights requires a court order. These are the steps one must take in order to terminate parental rights:
- There is no court form available to terminate parental rights. Therefore, the first step would be to draft the required pleading either on your own or with the assistance of a private attorney.
- Complete the Investigation Questionnaire Form, providing the appropriate documents accompanying your termination request. In the case of voluntary termination of parental rights, this would have to include the fact that the child is to be adopted by a step-parent.
- Once these are complete, proceed with requesting a termination hearing by completing a citation for hearing. There is no court form available, so this citation must be drafted.
- Submit these documents to your local courthouse.
- Your documents will be reviewed by the court before a hearing can be set. If the documents are sufficient, a termination hearing will be set around 45 days out.
Termination of Parental Rights Is Permanent
Understandably, paying child support can be difficult and burdening. However, the termination of one’s parental rights is permanent. Before you move forward with voluntarily terminating your parental rights, ensure that you are making a decision that is best for your child.
Related: How to Fight Termination of Parental Rights in California
Contact Us
If you or a loved one seeks to give up parental rights and not pay child support, contact us. We’ll get you in touch with the best lawyer for your unique legal matter. Get your free consultation with one of our California Family Law Attorneys today!