Legal Question in Family Law in New York

Re: Relinquishment of Partenal Rights

Even if you were to relinquish your "parental rights" you cannot disclaim child support. In other words, you are still responsible for your child up until the age of 18, it owuld mena that you would be giving up rights to custody and issues involving the raising of your child, and likely visitation as well. I strongly recommend that you do nothing until consulting with a lawyer.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

Re: Relinquishment of Partenal Rights

Relinquishment of your parental rights would include losing all visitation and all legal rights and any opportunity to have input into your child's life. However, child support is a duty invoked by law. You cannot deny it and your wife cannot waive the right to it (she doesn't have to get a court order for support or indicate that you have not paid any or accept it if you offer it).

If you and your wife are on friendly terms and the desire for a divorce is mutual, then I would question her desire for a relinquishment statement. This indicates to me that she does not want you in either her life or your child's life at all - but she will retain the right to acquire child support. You are welcome to a consultation at no fee at my offices at 42 West 44th Street (near Times Square). Please call for an appointment first (646) 591-5786.

Re: Relinquishment of Parental Rights

I disagree with the reponses posted by both Messrs. Loeb and Nitzberg.

Although both parents are generally obligated to support their children (until age 21, not 18), it is possible to enter an agreement whereby one gives give up his/her rights and the other waives at least the bulk of child support. Such agreements are not iron-clad, but statute and case law provide a reasonable certainty of enforcement. The agreement must clearly state the "correct" or "presumptive" amount of child support under the CSSA guidelines, for example, as well as the reasons for departing from those guidelines. There are also other mechanisms which can be used to achieve the parties' goals. Feel free to call me at 212-367-9167 to discuss this further.