Legal Question in Family Law in Alabama
My ex has called and asked to terminate her parental rights. She states that because my children do not want to see her or talk to her that there is no reason for her to continue to pay child support. The reasons for not seeing her is due to child abuse, that they have filled a charge against her but that has not yet come under investigation. My children are 16 and 15 and have told her that they do not want to see her anymore and have not seen her for at least a year. They did tell her on the phone and got her to say ok. She pays $425 in support,$175 of that is for back support in the amount of $81000. It is currently garnished from her job. She is unaware of the charges that they have brought against her, this was 2 weeks ago and the investigator has not contacted us yet. She called to ask if she could relinquish her parental rights and stop paying support. My children want to be adopted by my current wife and only true mother they have known for 13yrs. Should we wait on the investigation? Will termination of her rights complicate the investigation or help it? If her rights were to be terminated and my wife adopt them and her child support stop would the back support be increased to a reasonable amount, considering that at current amount it would be paid when I am 99yrs old?
1 Answer from Attorneys
A court will not (or should not) terminate rights and halt child support payments because one parent does not want to see the children. You have to support your children if you have a relationship with them or not.
On the other hand, if the rights are to be terminated as part of a stepparent adoption, a court will order that the rights be terminated and current child support should stop. The court can't let her off the hook for the back support and 12% interest.
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