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.
I’m paying child that is not biological mine but not knowing the law I signed the birth certificate I have been paying for years and the state of Utah is taking so much money out of my check I don’t know what I’m going to do
I have my rights to my child but her aunt ad uncle have custody of her. I by law have rights but by them I have nothing no rights no contact with ham or her. I can’t see my child unless we visit at a place my child has out grown and we’re paying for it and being watched and study the whole time. Even the workers and counselors there don’t agree to us being there. We deserve to be able to use our rights but we haven’t seen our daughter and bc they don’t want to cooperate like the judge insisted bc it’s all up to them. So we don’t get to see her anymore. I am seriously behind in child support 7k I can’t claim taxes I can’t get unemployment I still have a 2 year old and I’m currently pregnant. Was working until covid hit but Im not able to get any help bc of child support I was told go write the judge an explanation like this and ask to have my rights removed for these reasons there taking great care of her and I don’t have any as so in being apart of her life. I can’t as care of my two children that need me and also come up with 350 extra dollars a month to not be able to see my kid. So I am asking your legal opinion on what I should do or if I even can do anything….? Please and thank you for your time and consideration!!
I live in Arkansas and had an EX sign away his 3 children and made more money than I could in 1 week driving a truck local . All I ask him to do was see them, be a father, no money but he signed them off. It’s terrible they had there grandfather, uncle’s, and others to be there father figure while he ran a company and sold drugs for a living and never offered them anything in life. So my question is how did he do this in the state of Arkansas. When he’s not been married again
I live in Arkansas an have custody of my grandchild that is 13. Her father has just been put on child support. But now to keep from paying his support he won’t to sign his right away. My question is will he still have to pay his child support? Thank you
We are unable to provide legal advice about a case in Arkansas and recommended you contact a local attorney who is licensed there.