Not a lawyer, but I am a caseworker for CPS and work very closely with the legal system
Parents can voluntarily relinquish parental rights. This absolves them of all rights to the child, financial burdens included. However, the court does not have to accept the relinquishment. They can make the parent a "possessory" which means they have extremely limited rights, but maintain financial obligations.
I think this is what happened with my niece's mom. She thought she was signing her rights over and wouldn't owe child support anymore. Wrong. But, then again, she hasn't held a job in years, and is supposed to be paying support to five. Other. Kids. So it's not like my niece will ever see a cent from this woman. She's... special.
Post by glitzyglow on Sept 7, 2016 12:51:31 GMT -5
leviosa, great questions that I don't know the answer to. A friend-of-a-friend dumped a guy when this was his shady story and he keeps giving her a sob story about how this is the gospel truth, but yet can't provide receipts. My friend told me about the guy's story and I said it sounded like shenanigans and lies.
We have a friend who claims his parental rights were terminated but that he still pays monthly child support. I have never pushed him on the issue but I assume either he is confused about the terminology surrounding his parental rights OR that he is paying some monthly amount voluntarily. I would think this might be a similar situation.
Post by rightawaynow on Sept 7, 2016 14:30:05 GMT -5
Late to the party, so I didn't see the original post, but in many states the only way you can give up your parental rights is if there is a new parent waiting to adopt. You can choose not to pursue visitation, but you can't alleviate yourself from the obligation of financial support. If a child receives public assistance via food stamps, daycare vouchers, or Medicaid the state will require the parent applying for assistance to pursue child support. The only exception is where paternity cannot be established because the father is unknown.
Family court is different from social services, the state can terminate a parent's right to the their child, but this is usually done when there is no appropriate placement with a permanent legal guardian and they intend to place the child for adoption through the social services system.
Post by schrodinger on Sept 7, 2016 14:48:26 GMT -5
Lots of counties have their public records online. If your friend of a friend is really curious, she could search for family court records in her county. She may or may not be able to see the details of the filings or rulings, but often you can see the title of each document and figure it out from there.
Post by sweetbrier on Sept 7, 2016 14:51:11 GMT -5
Missed the OP, but from what I've gathered there's probably confusion about custody vs parental rights. You can give up custody, but you still have to support the child legally if it's brought up in court. If rights are actually terminated, then no, you wouldn't owe child support or insurance. Right now we could go after my older daughter's biomom for child support and insurance (which the state did do several years ago, but she is across the country and ghosted and we don't want to pursue), since she has parental rights. When we pursue getting them terminated so I can adopt, she'll be off the hook.