Terminating Parental Rights

The two most common reasons for arbitrarily terminating parental rights of a parent involved adoption and/or issues related to child abuse and neglect. Just like these, any consideration for terminating parental rights must be addressed by the court. However, there is a mythology behind this subject.

• Terminating of parental rights does not stop a child support obligation;
• Until first granted by a court, an unmarried man has no presumed parental rights to his child in any state, while still being obligated to provide support;

Often an unmarried man will seek legal counsel in terminating his parental rights, not knowing his has none in the first place to terminate, yet attorney take money from them to file the motion. Further, even when the man has court ordered parental rights, the attorney will motion the court to terminate the rights, without informing the man that this does not address child support, or if child support is addressed as a separate motion, it will not address any arrears.

A motion must be filed with the Family Court to terminate parental rights, AND Financial Responsibility. Though you can make the argument to the court, the judge will usually require the approval of the mother. However, it should be noted that the judge might not have the authority for termination of financial responsibility if the mother is currently receiving, or in the future may be receiving, State Aid (AFDC). When a mother applies for state aid, she signs away any right to claim, or not claim, child support from the father. Therefore, you may be allowed to stop paying now, only to be ordered to begin paying later.

Most often, the men who seek to have this done is due to being denied access to their children, to the point where the children have become alienated, and no longer see him as a parent figure. These men have been frustrated in their efforts to seek remediation, often due to the fact that they believe they need an attorney to enforce court ordered access rights. Not known to most is that federal programs are in place to help with this.