If I voluntarily termination my parental rights will I have to pay child support?

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If I voluntarily termination my parental rights will I have to pay child support?

I am looking to terminate my rights as a father to a 3 year old whom I do not have contact with. I no longer wish to pay child support as she has a mother and a father-figure in her life supporting her; I am having trouble even buying food. I am married and my wife is disabled; the only income I have is mine. The mother of the child left me a week after her birth for another man who is that stand-in father figure in her life. The child does not know me and is told only negative things about me. I have to give plasma in order to support everyone because my pay is not enough.

Asked on August 17, 2011 Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for the situation you are in.  There is not an easy answer or guidance that can be given in this matter.  One the one hand yes, you can voluntarily give up your parental rights.  Many people do so when asked by the other parent rather than the other parent bringing an action for termination.  However, courts do not generally allow termination in a situation where the child is being supported unless there is another source for support like someone stepping up to adopt the child and legally be responsible for their care and support.  So here the court may not allow you to terminate.  But you can be allowed to modify the child support if there is a change in circumstances (such as a financial change).  Get help.  Possibly legal aid.  Good luck.


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