Legal Question in Family Law in New York
Can a father just terminate his rights to avoid paying support
I am in the process of a divorce and my soon to be ex has not been seeing his kids regularly. He also said he was going to move out of the state after the divorce. Can he just decide he wants to give up his parental rights to avoid paying them support. Since he is not going to see them i don't think he is going to want to pay for them for the next 18 years.
5 Answers from Attorneys
Re: Can a father just terminate his rights to avoid paying support
You can take your soon-to-be ex-husband to family court to enforce his child support obligation. Contact the local family court to request the forms you need.
You may also consider contacting a local attorney to assist you in this matter. An attorney with experience in this area can assist you to get this matter resolved more quickly than you will be able to on your own.
Re: Can a father just terminate his rights to avoid paying support
The duty of support and the right of visitation are two independent acts. As a general rule, a father may not waive his duty of support, even if he moves out of state. Child support laws are uniform in all 50 states.
However, it is unfortunate that fathers sometimes waive their right and moral responsibility to help raise the children. As far as I know, a Court may not force the father to see the children.
Mike.
Re: Can a father just terminate his rights to avoid paying support
No, the payment of child support cannot be avoided by his unilateral actions. Simply put, he can run, but he cannot hide from his support obligations.
You should obtain a Child Support Order from the Family Court.
For more information, please visit my web site:
www.BravermanLawFirm.com
Re: Can a father just terminate his rights to avoid paying support
Whether he wants to see them or not is not relevant to his obligation to pay support. The courts will order the non-custodial parent to pay child support and may take numerous measures to enforce those payments.
Re: Can a father just terminate his rights to avoid paying support
You cannot force him to visit
You cannot stop him from moving
You can make him continue to pay child support
His voluntary leaving does not eliminate the
child support. Make sure your Court Order for
Child Support provides for annual reviews, wage
garnishment and registry with the State.
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