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Relinquishing parental rights and back child support owed

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sleepingdove

Junior Member
What is the name of your state (only U.S. law)? Texas
My Daughter and her husband want to relinquish parental rights of their son so they don't have to pay back child support. The child is in the custody of his aunt and uncle. Can they relinquish their rights and will they still be responsible for the back child support? They live in Texas and their son is living in Florida. The custody and child support was done in Texas.
 


justalayman

Senior Member
Can they relinquish their rights
not unless the courts allow it for some reason. A parent doesn't get to just give up their responsibility just because they want to.


will they still be responsible for the back child support
?most generally, yes.


why do the parents not have custody?
 

sleepingdove

Junior Member
When my grandson was born both my daughter and the father (now the husband) were on drugs. CPS took him before he left the hospital. I was called to take my grandson but I couldn't because my husband and I have custody of our granddaughter (yes she is my daughter's). So our son and his wife came from Florida and was granted temporary sole managing conseratorship. That was 3 yrs ago. Neither parent has had contact with him in the last 2 yrs. The uncle and aunt now have sole managing conservatorship from the final decree. Our daughter and her husband were served a summons to appear in District Court in May for contempt of back child support. They now want to relinquish their rights so they don't have to pay back child support. Our daughter has 2 children besides this one. The youngest is in her custody at this time. The father has 3 other children. 2 from a previous marriage and yes he owes back child support for those 2 children. The youngest of his children is still in his custody at this time. The aunt and the uncle do plan on adopting. I don't want my daughter to go to jail but it looks like this might be a possibility and I don't want to raise another child but I will not let my grandchildren go into foster care. So do I need to be preparing to take on another grandchild in the near future? They are behind in child support 2 yrs and I don't know how far behind he is in the other children's child support. Someone please help me with some of the answers here! Thank you for all your help!
 

Antigone*

Senior Member
This is a very sad situation. Your daughter and her son SHOULD be held responsible for supporting their children. I doubt they will be absolved of the debt.

I hope for the kids sake and for yours that she has no more children.


Stay strong for your grandkids!
 

sleepingdove

Junior Member
It is a very sad situation indeed for the children. I don't want to see my daughter go to jail but she has to learn to be held accountable for her actions. They were served because they missed 2 court dates last year. She states she will have a job next week but I think it is too little too late. Do you think that there is a strong possibility the Judge will show some leniency because she has an infant? Do you think we need to be at the hearing in case we need to take custody of the newest grandson? I hope and pray there will be no more children.
 

LdiJ

Senior Member
It is a very sad situation indeed for the children. I don't want to see my daughter go to jail but she has to learn to be held accountable for her actions. They were served because they missed 2 court dates last year. She states she will have a job next week but I think it is too little too late. Do you think that there is a strong possibility the Judge will show some leniency because she has an infant? Do you think we need to be at the hearing in case we need to take custody of the newest grandson? I hope and pray there will be no more children.
If your daughter and the father are able to pay something towards the back child support and if they are employed so that their wages can be garnished for future support, then its unlikely that they would get jailed.

Perhaps the best way to ensure that it doesn't happen is for you to help them out with a purge amount...something towards the back support.

Otherwise, it would probably be wise if your grandchild was in your care when the hearing happens.
 

sleepingdove

Junior Member
We are not able to help out with paying any of their back child support. I have a job but my husband is unemployed right now and it is taking all we have to support the granddaughter that we have custody of. I am just sick with worry over all of this. The hearing is in May and I think that we need to be there just in case with all the answers I am seeing. I just don't know what to do any more. We can't keep bailing her out of trouble.
 

Just Blue

Senior Member
We can't keep bailing her out of trouble.
No. You can't. Unless you want to see more children popped into this world by "parents" that are unwilling and unable to support said children. Your daughter has 3 (??) children that she doesn't support...Think of THEM when you go and visit court.

Actions have consequences...Your daughter has been prevented from dealing with the consequenses of her actions by her family members. Her children have paid for it.

STOP PROTECTING HER. START PROTECTING THE CHILDREN.
 

sleepingdove

Junior Member
I don't feel like we are protecting her. 2 of her children are in the custody of family members right now. We are trying to protect the children in all of this. Maybe we should let all the children go into Foster care where the state of Texas can support them. Then other Texans can support them and not us.
 

Just Blue

Senior Member
I don't feel like we are protecting her. 2 of her children are in the custody of family members right now. We are trying to protect the children in all of this. Maybe we should let all the children go into Foster care where the state of Texas can support them. Then other Texans can support them and not us.
So why are posting a thread about "Relinquishing parental rights and back child support" if not to fine an "out" for your daughter?
 

LdiJ

Senior Member
So why are posting a thread about "Relinquishing parental rights and back child support" if not to fine an "out" for your daughter?
Because she cannot afford to raise another grandchild, and she believes that if her daughter goes to jail, that that is what she will end up doing. She is trying to protect the grandchild that is in her daughter's custody.

I understand her dilemna. However it also is time for her daughter to deal with the consequences of not supporting her children.
 

sleepingdove

Junior Member
The parents want to relinquish rights so they don't have to pay child support. I don't want them to. I want them to take responsibility. I am posting to find out if they can do that and if they are still responsible for the back child support. If they are then is there a possibility they will go to jail. If so then we need to be there to try and get custody of the grandchild so he doesn't go into foster care and we can take care of him and not the state of Texas. If that is trying to find an "out" for my daughter then I guess I am wrong in wanting to take care of my grandchild and keep him in the family while this is going on. I am just trying to protect the children. Or so I thought I was.
 

Just Blue

Senior Member
Because she cannot afford to raise another grandchild, and she believes that if her daughter goes to jail, that that is what she will end up doing. She is trying to protect the grandchild that is in her daughter's custody.

I understand her dilemna. However it also is time for her daughter to deal with the consequences of not supporting her children.
Then perhaps she should stop taking the grandchildren in and the MOTHER will have to visit her child in a supervised setting...after spending a period of time in jail for financially abandoning her kids.

Again, the "MOTHER" should be "allowed" do deal with the consequences of her actions. As long as OP and other family members bail her out she can keep popping out disposable babies for others to raise.
 

sleepingdove

Junior Member
Unfortunately it will not be just the parents that visit the child in a supervised setting. Our grandson was in foster care for 6 months and we had to visit him in a supervised setting even though we had not done anything to deserve that. Evidently you don't have grandchildren and you haven't had to visit them in a very sterile setting for only 1 hour a week for six months. Try that and then tell me I am just trying to bail out my daughter again. That is no way for any child to have to visit grandparents that only want to love and protect them.
 

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