Does the mother have to pay support if she gives up her parental rights? - Child Custody Law Questions and Answers- LawQA.com

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Does the mother have to pay support if she gives up her parental rights?

They are mot married and the mother wants to give up her rights to her baby but the father wants the custody.

Answer By Laura A. Walker

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When you have your parental rights terminated you no longer are financially responsible for the child.

Answer Applies to: Wisconsin
Replied: 2/21/2012

Answer By Mark Petersen
Snake River Law PLLC
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A parent cannot "give up their parental rights" without a court order terminating their parental rights. A parent who gives up their parental rights without a court ordered termination of parental rights will likely still have to pay child support for the child. Only a court ordered termination will stop the requirement to pay child support.

Answer Applies to: Idaho
Replied: 2/8/2012

Answer By Roy L. Reeves
Reeves Law Firm, P.C.
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Rights and obligations are entertained. Give up one, give up both, keep one, keep both. Child support is an obligation of a parent.

Answer Applies to: Texas
Replied: 2/8/2012

Answer By Lana Panagoulia
Lana Panagoulia Law, PLLC
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You should consult with a family law attorney for all your questions. Specific facts not otherwise mentioned in your post may impact the answer to your question. The short answer to your question is based on a recent decision of the Michigan Supreme Court, In re Beck, 488 Mich 6 (2010). The Beck Court held that a parent's termination of parental rights does not terminate the obligation to pay child support.

Answer Applies to: Michigan
Replied: 2/6/2012

Answer By Elizabeth Jones
Elizabeth Jones, A Professional Corporation
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Mom can give up her custodial rights. But she can of give up her parental rights unless there is someone to step into her shoes by step parent adoption or other adoption. And yes she remains responsible to support her baby until that occurs. Of course it is up to the father whether or not be asks for support.

Answer Applies to: California
Replied: 2/4/2012

Answer By Steven Dunnings
Dunnings Law Firm
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You can't give up parental rights.

Answer Applies to: Michigan
Replied: 2/4/2012

The Barrister Firm
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Typically parental rights can only be terminated by the State or relinquished for an adoption of the child. Parental rights aren't lost to the other parent (typically, only custody is lost) but if the one parent has primary custody (i.e. the parent with the majority of time sharing) then the other will typically have to pay child support.

Answer Applies to: Florida
Replied: 2/4/2012

Ashman Law Office
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A mother cannot agree to commit the criminal act of not paying child support.

Answer Applies to: Georgia
Replied: 2/3/2012

Warner Center Law Offices of Donald F. Conviser
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The appropriate way to handle that matter would be for the father to file a Paternity case, and for the mother to stipulate to a Judgment of Paternity which provides that the father gets sole physical and legal custody of the child. If the mother earns a living, she should pay guideline child support. If the parties agree that the mother won't have to pay child support, the stipulation would need to contain a declaration in accordance with?the provisions of Family Code Section 4065.

Answer Applies to: California
Replied: 2/3/2012

Answer By Michael Ipson
Ipson Law Firm, PLLC
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If she terminates her parental rights then no she will not be required to pay any child support. If she surrenders custody but retains parental rights then yes she will have to pay child support.

Answer Applies to: Utah
Replied: 2/3/2012

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