Legal Question in Family Law in New Jersey

termination of parental rights

my ex-husband owes over 10,000 dollars in back child support.he has no relationship with my son who is 10 and wants to sign over all parental rights.i would be more than happy to sign anything to keep him away from my son.how to go about getting the paperwork for him to sign?and would he still have to pay back child support even if parental rights are terminated?


Asked on 11/16/06, 3:35 pm

2 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: termination of parental rights

I suggest going to court to sort all of this out. Only a Judge can terminate his rights. With regard to child support, he owes child support no matter what. If he works, his child support should be garnished from his paycheck. You could also get him arrested for the back owed support if you really want to go that route.

I suggest meeting with an attorney to help you sort all of this out. Feel free to call me at 732/247/3340. My initial consultations are always free.

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Answered on 11/16/06, 4:06 pm
Frank LaRocca LaRocca & Associates, PC

Re: termination of parental rights

Unfortunately, unless there is another person ready to adopt your son as a co-parent, you can not terminate the parental rights of your ex-husband by consent. The child has the right to receive support from the parent and the parent has the obligation of such support. The logic is that in the unfortunate situation of your death, the child should not become an orphan (also, 8 years from now the child can seek college expenses from his father).

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Answered on 11/17/06, 10:44 am


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