General Question

rowenaz's avatar

Is it legal to terminate parental rights?

Asked by rowenaz (2436points) October 24th, 2008

During or after a divorce, because one parent is angry that the other won’t let him/her see the kids, or feels that they are paying too much child support, or doesn’t want to pay at all?? Isn’t that parent still liable for child support? If it were legal to terminate, wouldn’t we see more people doing this to “get even” with their spouses?? Well, it’s more than one question, but it’s all tied together, so I hope that it’s okay…I’m not asking about how sick a person would have to be, how they are only hurting their own children, etc., just asking about if it’s legal or not…THANKS!

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16 Answers

AlfredaPrufrock's avatar

Parents are liable for support for their children according to the terms of the divorce settlement. You don’t get to arbitrarily decide.

jvgr's avatar

Parental rights aren’t the same as visitation rights.
As @Alfreda says, the custodial parent of record can’t change visitation rights for any of the reasons you mentioned.
Any changes need to be either negotiated between the parents, or changed via due legal processes.

squirbel's avatar

My boyfriend had a child at 17. His parents spoke with the girl and her parents, and they all agreed to terminate his parental rights.

Under no condition, in the future, can that girl request any help from my boyfriend.

[of course, he’s broken up about it, but secretly I am thanking his parents]

So yes, it is legal.

funkdaddy's avatar

I think the difference (correct me if I’m wrong) between what squirbel experienced and what the OP mentioned is that both parties agreed to terminate rights in squirbel’s situation.

I’ve never heard of anyone being able to terminate someone else’s parental rights without a substantial reason (for example proving they are an unfit parent) and legal proceedings.

You can’t say “I’m done” and walk away, and you can’t force the other party to give up their rights.

Not a lawyer, just what I’ve seen.

rowenaz's avatar

I’m not talking about terminating someone else’s rights, but about someone terminating their own rights. Basically deciding that they don’t want to be a parent to those children, say AFTER the divorce, and so they ask the court to terminate their own rights as the parent? He or she will never see their children again, never hear from them, never give them anything, basically disown them legally and forever.

cdwccrn's avatar

don’t think a parent ordered to pay child support can just decide not to. Life doesn’t work that way. That would be a huge loophole.

jvgr's avatar

No court can make a non-custodial parent be good, supportive and involved, so there is no legal mechanism requred on behalf of the non-custodial parent. This doesn’t mean that the non-custodial parent can also walk away from their legal obligations of financial support.
If they do, the custodial parent needs to get the courts involved.

galileogirl's avatar

Termination of parental rights is not a termination of a child’s rights. What it sounds like in the case of squirbel;s boyfriend is a private agreement that says if he disappears the girl’s family will take responsibility for the child’s economic well-being. But what happens if the girl and anybody else dies or is unable to support the child? The child has a right to be supported and would have the right to sue through a guardian for that support. Or if the state has to support the child, they will definitely come after the natural father.

The most common reason to terminate parental rights that will stand up in court is when an absentee parent is allowing a step parent to formally adopt the child. The court would have to approve the adoption and represent the best interest of the child.

squirbel's avatar

Au contraire, galileogirl. My boyfriend cannot be contacted for parental support, and he cannot be sued for support. His parents are lawyers – and they made sure the situation was airtight.

“Termination of parental rights is a judicial matter of exceptional gravity and sensitivity. Anonymous v. Norton, 168 Conn. 421, 430 362 A.2d 532 (1975). Termination of parental rights is the ultimate interference by the state in the parent-child relationship and, although such judicial action may be required under certain circumstances, the natural rights of the parents in their children ‘undeniably warrants deference and, absent a powerful countervailing interest, protection.’ Stanley v. Illinois, 405 U.S. 645, 651 92 S.Ct. 1208, 31 L.Ed.2d 551 (1972); In re Juvenile Appeal (Anonymous), 177 Conn. 648, 671 420 A.2d 875 (1979).” In Re Emmanuel M., 43 Conn. Sup. 108, 112, 648 A.2d 904 (1993)

Termination of Parental Rights

“If the parental rights of only one parent are terminated, the remaining parent shall be the sole parent and, unless otherwise provided by law, guardian of the person.”

Termination of Parental Rights

Because he consented [albeit forcefully] to the revocation of his rights, the next judge will never overturn the previous judge’s decision even if the child were to come before the court. The situation of a consensual TPR is the only one impervious to being overruled.

And before anyone gets all huffy and righteous on me – my mother’s right to me were revoked for neglect and I became a ward of the state.

galileogirl's avatar

He gave up his rights. No one can take away the CHILD’S rights except with the consent of the court in which case the child would be represented by an attorney ad litem.. The mother cannot demand support because of their agreement but if there is no longer a mother their private agreement cannot leave the child a ward of the state while the father is living.

Today if your father could be located he would be paying something for support. This wasn’t necessarily true 5 years ago but these day’s local, state and federal authorities work together. If Pop moves to another state his SSN gets entered into the system and the IRS withholds tax returns. Within the state he can lose his driyer’s and professional license. The same for the mother.

Terminating rights does not necessarily terminate obligations.

deaddolly's avatar

Yep, each employer is required to report new hires to the state, which goes into the database and soon after comes garnishment for child support.
it happens all the time.

Sloane2024's avatar

Laws vary depending on the state in which you are residing, or were residing when the divorce was finalized, but, in my experience (which is quite extensive considering I’ve been tossed back and forth in the middle of my parents’ nasty divorce for 2+ years) the parent that has been assigned to pay child support can’t simply decide not to do so anymore once the divorce is over if he/she has no credible reason on which to base his/her decision. This could result in a simple contempt of court all the way to jail time, depending on the severity of the situation and your state’s laws. If the parent with whom you are living has denied the children visitation w/ the opposing parent, then, yes, the court would more than likely allow the paying parent to relinquish the support. The only way to receive financial backing w/o visitation or some type of communication is if the other parent is extremely abusive, and, believe me, this is immensely difficult to prove, for my father is very abusive, but my sister and I are still required to see him regularly to receive any money. I don’t know if this answered your question, but it’s just my two cents… Hope it was somewhat helpful. :)

cdwccrn's avatar

thank you for sharing, sloane2024. I hope things get better for your family.

debbie_s's avatar

Can my ex husband terminate his rights to our boys, he pays no support, sees them very little by his choice. He stated he wanted to terminate. If he termiates what happens to the childs rights for support?

rowenaz's avatar

Thanks @debbi_s this is more about what I am trying to find out about.

kgaull's avatar

It is legal to have your rights terminated. Once it happens they have no rights to that kid. They hold no obligation. So they don’t have to pay child support.

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