Legal Question in Family Law in Maryland

Re: Willful Termination of Parental Rights and Child Support

A parent may agree to terminate his/her parental right to custody or visitation.

However, custody and visitation are separate from support. So, if the motivation is to give up parental rights solely to avoid any responsibility for support, the court will see

through such a plan and not likely allow termination. The court's duty is to the child and to ensure that the best interest of the child are protected. Termination of parental rights without a corresponding adoption proceeding

to ensure that the best interest of the child is protected is not overly likely of success. In the absence of a corresponding adoption proceeding, other factors may convince the court that termination would be in the best interest of the child (for example, child abuse perpetrated by the terminating parent). Essentially, the parents cannot agree to something that may be in their better interest but which is against the child's best interest and this is even more the case where the child or custodial parent were or may be collecting public assistance.

Re: Willful Termination of Parental Rights and Child Support

No, no court in the state of Maryland will agree to a termination of the child support obligation based on an agreement of the parents. Child support is the right of the child, not the parent, and there is a clear principle in the law that a parent cannot "bargain away the rights of the child."