Legal Question in Family Law in Pennsylvania
Giving up parental rights/child support
My boyfriend is currently paying 347 a month in child support but the mother rarely lets him see his child. She doesn't want him in the child's life, and even told him that she'll drop the support if he leaves her and the baby alone. He wants to see his child, but the mother is leaving him less of a choice. He's thinking about giving up his rights, but he doesn't want her to pull a fast one on him. If he gives up his rights, does he still have to pay support? And if she does drop the court order and he gives up his rights, can she turn around and want child support again?
4 Answers from Attorneys
Re: Giving up parental rights/child support
Why has he not filed for partial custody and/or visitation.
It is his child also and if he fights for his right to parent his child the courts will likely grant him time with the child.
Isn't knowing that you helped raise your child worth a few dollars?
Good luck to him.
Re: Giving up parental rights/child support
You cannot give up your parental rights (unless there is someone going to adopt the child) and support obligations. She could drop the support, and even if she signs an agreement waiving it, it would not be enforceable. She could always re-file anytime until the age of 18 or graduation from high school, whichever is last.
If he has a custody order, then a contempt petiton can be filed, to enforce it, or it is always modifiable. If he does not have a court order to see the child, I would recommend that he file a complaint for partial custody of the child. If he is not proactive to see his child, and the longer the situation continues, the worse it may get.
Re: Giving up parental rights/child support
The only way to be sure she won't come back for support in the future is to do a volentary relinquishment of parental rights. Otherwise, he should pursue cusotdy/visitation through the courts. She does not have the last say on whether he sees his child.
If you would like to discuss this further, please contact me.
Jim
Re: Giving up parental rights/child support
Unless a court terminates his parental rights he is on the hook for child support.
Any agreement to waive child support whether its notarized or not is void.
If you have any questions feel free to contact me. The initial consultation is free.
{John}