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Can someone relinquish their parental rights so they don't have to pay child support?

Can someone relinquish their parental rights so they don't have to pay child support?

Full question:

The father of my child wants to sign over his parental rights, our child is 9 years old and her father has been in her life up until a few months ago when he started seeing someone. We were together for 10 years but never marred. My child’s father resided in one state and I live in another state with the child and the father has not been paying child support and refuses to do so. He did not show up for mediation this month but the mediator did call him and he advised the mediator he wants to sign over his parental rights since he is leaving the county in four months (which is untrue, he doesn’t want to pay child support cause his new girlfriend doesn’t want him to). My questions are as followed 1. I don’t want him to sign over his rights; I want him to be in my daughter’s life seeing how she has a strong attachment to him so can he sign over his rights without my consent? 2. Does he have to pay child support if he is requesting that has paternal rights be terminated? 3. Can the father retract his request later on down the road and be granted visitation?

Category: Minors
Subcategory: Child Support
Date: 04/07/2025
State: California

Answer:

A court will often not allow relinquishment if the reason is to not pay child support. The following is a NV statute regarding termination of parental rights:

NRS 128.120 Effect of order. Any order made and entered by the court under the provisions of NRS 128.110 is conclusive and binding upon the person declared to be free from the custody and control of his parent or parents, and upon all other persons who have been served with notice by publication or otherwise, as provided by this chapter. After the making of the order, the court has no power to set aside, change or modify it, but nothing in this chapter impairs the right of appeal.

[12:161:1953]—(NRS A 1981, 1756)

Please see the information at the following links:

http://definitions.uslegal.com/r/relinquishment/

http://www.leg.state.nv.us/NRS/NRS-128.html#NRS128Sec120

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How to sign over custody of a child?

To sign over custody of a child, a parent must typically file a petition with the court. This process usually involves demonstrating that the change is in the child's best interest. Both parents may need to consent to the change, and the court will review the circumstances before making a decision. It's important to consult with a family law attorney to understand the specific requirements and implications in your state.

How long does a father have to be absent to lose his rights in Indiana?

In Indiana, a father may lose his parental rights if he has been absent for a significant period, typically over six months, and has not maintained contact or provided support. However, the court considers various factors, including the father's relationship with the child and his reasons for absence. Each case is unique, and legal advice is recommended to navigate these situations.

What happens if a father signs over his rights?

If a father signs over his parental rights, he permanently relinquishes all legal responsibilities and rights regarding the child. This includes the right to make decisions about the child's upbringing and the obligation to pay child support. The court must approve this termination, and once granted, it cannot be reversed. The child's best interests are always the primary concern in these decisions.

Can a parent sign over temporary custody?

Yes, a parent can sign over temporary custody to another individual, often through a legal document known as a custody agreement or power of attorney. This arrangement allows the temporary custodian to make decisions for the child for a specified period. However, it's advisable to have this agreement reviewed by a lawyer to ensure it meets legal standards and protects the child's best interests.

How to get over sharing custody?

To cope with sharing custody, open communication with the co-parent is essential. Establishing a clear co-parenting plan can help set expectations and reduce conflicts. Focus on the child's well-being and maintain a positive relationship with the other parent. Seeking support from friends, family, or a counselor can also help manage the emotional challenges of shared custody.

Can a parent sign over custody to the other parent?

Yes, a parent can sign over custody to the other parent, usually through a legal agreement that outlines the terms of custody. Both parents must agree to the arrangement, and it often requires court approval to ensure that it serves the child's best interests. Consulting with a family law attorney can help navigate this process effectively.