Closed Thread
Page 1 of 4 123 ... LastLast
Results 1 to 15 of 53
  1. #1
    threetimesin Guest

    Question Relinquishing Parental Rights

    What is the name of your state? Texas
    Am I still obligated to pay monthly Child Support
    payments if I relinquish my Parental Rights?????????
  2. #2
    gobonas99 is offline Member
    Join Date
    Sep 2002
    Location
    Upstate New York
    Posts
    333
    yep.
  3. #3
    mslincoln Guest
    Don't forget medical insurance and 50% of uncovered expenses...
  4. #4
    ktarra617 is offline Member
    Join Date
    Oct 2001
    Location
    Texas
    Posts
    945
    yes, you will still have to pay support if you relinquish your rights, which a court may or may not even agree to do.

    The only way to get out of support is to have someone else, stepmom or stepdad, depending on who is the CP to adopt the child.
  5. #5
    Boxcarbill Guest

    Re: Relinquishing Parental Rights

    Originally posted by threetimesin
    What is the name of your state? Texas
    Am I still obligated to pay monthly Child Support
    payments if I relinquish my Parental Rights?????????
    An Order Terminating Parental Rights under Texas law terminates all rights, duties, obligations between parent and child, except that the child retains the right to inherit from and through the parent unless the court otherwise provides.

    I don't know where the myth got started that it does not terminate child support but it is patently false for Texas, Tenn, KY, and CA just to name a few states. It does not effect arrears in child support.
  6. #6
    VeronicaGia is offline Senior Member
    Join Date
    Aug 2001
    Location
    Michigan
    Posts
    6,318
    Interesting BCBill. But wouldn't some kind of extenuating circumstances have to exist, such as no contact or support of any kind for some time period? In other words, say a parent has regular visitation and pays regular support. Can that parent just up and decide to try to terminate parental rights?

    In other words, wouldn't there have to be grounds for termination?
  7. #7
    Boxcarbill Guest
    Originally posted by VeronicaGia
    Interesting BCBill. But wouldn't some kind of extenuating circumstances have to exist, such as no contact or support of any kind for some time period? In other words, say a parent has regular visitation and pays regular support. Can that parent just up and decide to try to terminate parental rights?

    In other words, wouldn't there have to be grounds for termination?
    Are you asking what are the grounds for involuntary termination of parental rights? I ask because there is both an affidavit of voluntary relinguishment of parental rights as well as involuntary termination of parental rights. In the voluntary relinquishment of parental rights, statutory grounds do not apply nor are the grounds for termination proven. The affadavit does state, however, that the termination is in the best of the child. The affidavit is very detailed to establish that the parent does fully understand that they will have no rights to the child and that they fully understand that it terminates their rights forever. (Hey, there is a paragraph in the affidavit in which every single sentence has to be initialed. All pages are initialed. The last page i has the legal signature and the signing is witnessed by two competent adults who also sign the affidavit and the document is notorized. When the order granting termination, whether unvoluntary termination or the voluntary relinquishment , the results of the order are the same under Texas law. All rights, duties and responsibilities between parent and child are terminated, except the right for the child to inherit by and through the parent unless that right is specifically mentioned as also terminated.
    Last edited by Boxcarbill; 02-20-2003 at 09:53 AM.
  8. #8
    VeronicaGia is offline Senior Member
    Join Date
    Aug 2001
    Location
    Michigan
    Posts
    6,318
    Let me see if I have this right:

    Since the affidavit states it would be in the best interests of the child, I'm assuming that this would have to be proven whether the relenquishment was voluntary or involuntary. Involuntary would likely be a situation where CPS or a relative or some other person has taken the child(ren) away from both parents, a judge has decided that it is not in the best interests of the child that the child ever be returned to either or both parents. Correct so far?

    In a voluntary termination, would there always have to be someone willing to adopt the child? My point here is I don't believe any Joe or Jane Blow can simply sign a voluntary relenquishment of their parental rights and obligations simply to avoid paying support, or simply because he/she has not seen their child in a year or two (or more), unless the other parent is completely capable of supporting the child on his/her own or has a spouse willing to adopt. I would assume if it could be done at the drop of a hat by the person relenquishing saying "I don't want to support the child and I haven't seen the child in XX years", in those states you mentioned, that it would be more common. In this case, the best interests of the child would have to be proven by the person wanting to relenquish their rights and obligations in some way, correct? I don't want this sequence of posts to make people think they can sign a paper and walk away.

    Thanks for your help in educating me (and others) on this subject!

  9. #9
    KCMR Guest

    Re: Re: Relinquishing Parental Rights

    Originally posted by Boxcarbill
    An Order Terminating Parental Rights under Texas law terminates all rights, duties, obligations between parent and child, except that the child retains the right to inherit from and through the parent unless the court otherwise provides.

    I don't know where the myth got started that it does not terminate child support but it is patently false for Texas, Tenn, KY, and CA just to name a few states. It does not effect arrears in child support.
    excuse my stupidity but what does, "except that the child retains the right to inherit from and through the parent unless the court otherwise provides."
  10. #10
    VeronicaGia is offline Senior Member
    Join Date
    Aug 2001
    Location
    Michigan
    Posts
    6,318

    Re: Re: Re: Relinquishing Parental Rights

    Originally posted by Aricci
    excuse my stupidity but what does, "except that the child retains the right to inherit from and through the parent unless the court otherwise provides."
    Hey, an answer on the subject I understand.

    It means that the child retains inheritance rights from the parent who relenquished his/her rights. If the parent dies, the child can still inherit from the deceased estate.
  11. #11
    Boxcarbill Guest
    Forgive me but I am going to chop your post up so that I can respond to each portion. I will place a [B] at the beginning of your portion to help the readability.

    _______________________________________________

    Originally posted by VeronicaGia
    [B]Let me see if I have this right:

    Since the affidavit states it would be in the best interests of the child, I'm assuming that this would have to be proven whether the relenquishment was voluntary or involuntary. Involuntary would likely be a situation where CPS or a relative or some other person has taken the child(ren) away from both parents, a judge has decided that it is not in the best interests of the child that the child ever be returned to either or both parents. Correct so far?
    --------------------------------------------

    No in most instances, the affidavit of voluntary relinquishment is attached to the pleadings (Motion to Terminate) and is the legal basis in and of itself for termination of parental rights. The affiant does not appear in court. Both voluntary relinquishment and involuntary termination occur in all types of cases. There isn't a set formula where one can say, this will be involuntary and this will voluntary. They really do happen in all types of factual situations. The only thing that one can be sure of is if the parent whose rights are sought to be terminated wishes to defend against the termination, there will be a trial and the one seeking termination carries the burden of proof and that burden of proof is "clear and convincing." And if the state is seeking the termination, the court will appoint an attorney to represent the indigent who cannot afford an attorney to defend against the involuntary termination. (Remember the United States Supreme Court has held that the parent-child relationship is one of those fundamental liberty interest.)

    [B]In a voluntary termination, would there always have to be someone willing to adopt the child? My point here is I don't believe any Joe or Jane Blow can simply sign a voluntary relenquishment of their parental rights and obligations simply to avoid paying support, or simply because he/she has not seen their child in a year or two (or more), unless the other parent is completely capable of supporting the child on his/her own or has a spouse willing to adopt. [b]
    ________________________________________________

    No. Adoption is not a requirement for termination. In fact, they are two separate actions, although termination can be joined with an adoption. Now, if a parent files the Motion for Termination and is the same parent who is the affiant in the Affidavit of Voluntary Relinquishment of Parental Rights, then it will fail the smell test. It will reek of self-serving rather than in the best interest of the child. But if the parent who is filing the Motion for Termination is different from the parent who executes a voluntary relinquishment of parental rights, then it will probably be granted. (The presumption is that a fit parent (the one who filed the Motion) acts in their child's best interest.)
    __________________

    I would assume if it could be done at the drop of a hat by the person relenquishing saying "I don't want to support the child and I haven't seen the child in XX years", in those states you mentioned, that it would be more common. In this case, the best interests of the child would have to be proven by the person wanting to relenquish their rights and obligations in some way, correct? I don't want this sequence of posts to make people think they can sign a paper and walk away.

    Thanks for your help in educating me (and others) on this subject!

    ________________________________________________

    See above regarding the self-serving termination and that a fit parent is presumed to act in the best interest of the child. If you are claiming that it is in your child's best interest that your parental rights be terminated, then you are hardly a fit parent who can also be acting in the child's best interest by filing the motion, now can you.
  12. #12
    VeronicaGia is offline Senior Member
    Join Date
    Aug 2001
    Location
    Michigan
    Posts
    6,318

    Thank you for taking so much time

    to clear that up, and now it makes sense to me.
  13. #13
    Lil Miss Smarty Panties Guest
    Would you mind directing me to a site where I can research this? I've been doing a search for about an hour now and all I can find is information on what reasons each state would terminate rights but nothing about which states terminate all obligations. I find this extremely interesting.
  14. #14
    Boxcarbill Guest
    Originally posted by Lil Miss Smarty Panties
    Would you mind directing me to a site where I can research this? I've been doing a search for about an hour now and all I can find is information on what reasons each state would terminate rights but nothing about which states terminate all obligations. I find this extremely interesting.
    I don't know that there is " a site" where you can research what rights are terminated by which state. But you can research the information by looking at the particular state's law. For example:

    Tex. Fam. Code

    161.206. Order Terminating Parental Rights

    (a) If the court finds by clear and convincing evidence grounds for termination of the parent-child relationship, it shall render an order terminating the parent-child relationship.

    (b) An order terminating the parent-child relationship divests the parent and the child of all legal rights and duties with respect to each other, except that the child retains the right to inherit from and through the parent unless the court otherwise provides.

    (c) Nothing in this chapter precludes or affects the rights of a biological or adoptive maternal or paternal grandparent to reasonable access under Chapter 153.



    Added by Acts 1995, 74th Leg., ch. 20, 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 709, 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 751, 72, eff. Sept. 1, 1995.
  15. #15
    Lil Miss Smarty Panties Guest
    I've been doing a lot of reading and searching since I posted and I have found that in the state of Indiana, a person can voluntarily relinquish their parental rights if "both" parents agree, and it terminates all rights, duties and obligations, including support but excludes any arrears. I didn't find anything about inheritance. I also found that step parents and Grandparents can file for visitation. Interesting...I learn something new every day.
Closed Thread
Page 1 of 4 123 ... LastLast

Similar Threads

  1. Relinquishing Parental Rights
    By MissyMae in forum Child Support
    Replies: 14
    Last Post: 09-24-2009, 07:38 PM
  2. relinquishing parental rights
    By tree0047 in forum Child Support
    Replies: 4
    Last Post: 07-26-2006, 05:10 AM
  3. Relinquishing Parental Rights
    By npowers in forum Child Custody & Visitation
    Replies: 10
    Last Post: 11-17-2005, 12:30 AM
  4. Relinquishing Parental Rights ?
    By jar17013 in forum Family Law Archive
    Replies: 5
    Last Post: 08-30-2000, 12:39 PM
  5. relinquishing parental rights
    By whitsix in forum Family Law Archive
    Replies: 2
    Last Post: 08-14-2000, 04:27 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.