Legal Question in Family Law in Texas

My husband is wondering if he is paying child support and he has divorce papers to show he is paying, if he can still give up parantel rights and not have to pay child support anymore? Can he do that or will he still have to continue paying her child support?


Asked on 11/17/09, 11:31 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

Generally, a person does not pay child support after his parental rights are terminated. Termination of parental rights (generally) extinguishes the ongoing child support obligation; it does not eliminate a child support arrearage.

It is legally possible for a terminated parent to have an ongoing child support obligation, but I've never seen such a case.

He can't "give up his parental rights" unless a Court approves it, that is, unless a Court decides that it's in the child's best interests for the father's rights to be terminated. I have seen two separate cases where a child's parents agreed to terminate the Dad's parental rights, but the Judge said "No."

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Answered on 11/23/09, 2:11 pm


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