Can he file?

I found out last week that BD was talking to his mom about trying to terminate his rights to our son, he doesn't want to pay child support and has been fighting it tooth and nail since I filed back in May 2011.
I'm thinking that the custodial parent would have to file to terminate the non-custodial parents rights, or am I incorrect? I was just thinking they would do it that way because most men who got hit up with child support would try to terminate their rights if they could be the ones to file.
Would he be able to file to terminate his own rights? We live in NC, if that counts.

Quoting Vodka Knockers:" I found out last week that BD was talking to his mom about trying to terminate his rights to our son, ... [snip!] ... rights if they could be the ones to file. Would he be able to file to terminate his own rights? We live in NC, if that counts."

Well speaking as a lawyers daughter I can tell you that termination of rights does not end his monetary responsibilities. So if he thinks that one he is in for a rude awakening. And yes he can give up his rights at anytime.

I do believe you have to consent to it

Quoting Andi+Andy=Marley+1:" I do believe you have to consent to it"

That's what I was thinking, and but I'm not too sure.
I'd at least think that if he could terminate his own rights while we have a child support order in place, he'd still have to pay but would have no other obligations to our son.

Quoting MysticWitchKat:" Well speaking as a lawyers daughter I can tell you that termination of rights does not end his monetary ... [snip!] ... responsibilities. So if he thinks that one he is in for a rude awakening. And yes he can give up his rights at anytime."

I spoke to a lawyer back at the beginning of the year about terminating, and she said that if we terminated his rights that it would be as if BD never had a kid. We'd have no right to his medical records, his finances, or any inheritances he leaves behind.
Or are you saying that if he terminates his rights with a c/s order in place, he'll still have to pay?

No he can not just give up his rights to his child. He can sign OVER his rights if you had a husband willing to adopt the child. But no judge will make a child a bastard on purpose. There's a reason the law believes a child needs both parents.

Quoting Vodka Knockers:" I spoke to a lawyer back at the beginning of the year about terminating, and she said that if we terminated ... [snip!] ... he leaves behind. Or are you saying that if he terminates his rights with a c/s order in place, he'll still have to pay?"

I'm going through the same thing. I'm terminating BD rights, but he will still be responsible for any back support he owes....which is 18k, hehehe

Quoting Vodka Knockers:" I spoke to a lawyer back at the beginning of the year about terminating, and she said that if we terminated ... [snip!] ... he leaves behind. Or are you saying that if he terminates his rights with a c/s order in place, he'll still have to pay?"

yes he still has to pay child support no matter what. Unless a judge changes that which they usually don't.

Quoting ma ♥:" No he can not just give up his rights to his child. He can sign OVER his rights if you had a husband ... [snip!] ... the child. But no judge will make a child a bastard on purpose. There's a reason the law believes a child needs both parents."

It varies from state to state actually.

Most states will only terminate rights if there is another "father" who is willing to adopt.

<blockquote><b>Quoting MysticWitchKat:</b>" yes he still has to pay child support no matter what. Unless a judge changes that which they usually don't."</blockquote>


I've always heard that once the dads rights are terminated you can't get c/s from them anymore. They're not legally the parent anymore.

Quoting Will☮Creedence:" <blockquote><b>Quoting MysticWitchKat:</b>" yes he still has to pay child support ... [snip!] ... heard that once the dads rights are terminated you can't get c/s from them anymore. They're not legally the parent anymore."

In AZ, he will still owe any back support, but not be responsible for any new payments. So DD's bio dad will still owe the 18k he is behind on, but it won't keep accumulating. I have the right to say I don't want him to be responsible for the arrears, but he's a douche, so I don't feel like being nice.

At first, I was going to call him and tell him that if he wanted to terminate his rights and was willing to pay the lawyer (My lawyer charges $1,500 and I wouldn't be comfortable using anyone else, plus she's about the cheapest around...) that he was more than welcome to.
We actually discussed him terminating back in February, but he wanted me to pay for it and I'm not in the position where I can afford $1,500, nor do I think I should have to pay it to bail him out of his responsibilities.
We have court Monday and I have a good feeling that they're going to put forth an order to garnish his wages, and if they do that I'd rather not let him terminate his rights considering we're kind of struggling right now and I wanted to use all of the child support I received from him to put in LO's savings for college because I already know I won't be able to afford it.

Quoting Vodka Knockers:" I found out last week that BD was talking to his mom about trying to terminate his rights to our son, ... [snip!] ... rights if they could be the ones to file. Would he be able to file to terminate his own rights? We live in NC, if that counts."

I'm sureee other people have said this buttt terminating your rights doesnt terminate having to pay child support.
unless you agree or something?

he has to sing over his right, & when a father gives up his rights...he is not entitled to pay child support.

I know this because, my daughters father gave up all of his rights to our daughter so legally in the courts eyes, that's not his child even though there DNA is the same.