Can I sign away my rights to avoid paying child support?
We frequently receive phonecalls from distraught parents who, for one reason or another, have not been able to enjoy a positive relationship with their children yet the other parent insists on hounding them for as much child support as possible. These frustrated parents do not see any justice in having to pay money to support children they never get to see anyways and wonder if it is possible to sign away their parental rights so they do not have to deal with their ex or pay child support anymore.
These difficult situations are heartbreaking and frustrating to no end. This article is intended to provide straight-forward answers to this common but pressing question.
Generally the only way for a parent to voluntarily “sign away their parental rights” to get out of paying child support is if the other parent is remarried and wants to pursue a step-parent adoption. If the custodial parent’s new spouse wants to adopt then he or she would assume full financial responsibility for supporting the children. But there is no way to force the other parent to pursue an adoption.
If the other parent is not interested in pursuing a step-parent adoption then the short answer is it is extremely difficult for a noncustodial parent to voluntarily sign away their rights to avoid paying child support. The reason being the Court does not want to see a child become an orphan if something happens to the custodial parent and also wants to be able to go after the noncustodial parent for child support if the custodial parent goes on welfare (otherwise the taxpaying public would have to support that child). The Utah Code presumes it is not in a child’s best interest to terminate a parent’s rights so he or she can get out of paying child support. But it is possible if the Court is persuaded the child would be better off and doing so would promote stability and permanency for the child.
All that being said, if your co-parent is not allowing you to exercise your parental rights to custody/parent-time but insists on you fulfilling your parental responsibilities by paying child support then you should consider asking the court to enforce your parental rights so you can (hopefully) enjoy a positive relationship with your children. Courts frown upon custodial parents who deny access to the children and are only interested in collecting money. And research shows children thrive having an actively involved father and mother in their lives. If your co-parent is not acting in your children’s best interest by allowing you to be involved in their lives and only interested in money then perhaps it is high time you did something to change things.
Give the experienced and aggressive family law attorneys at Wiser Law a call today at 855-254-2600 to discuss how we can fix problems like this.