Is it legal to suggest if the non-custodial parent agrees to give up parental rights, I will stop all child support orders?

Asked almost 4 years ago - Batesville, AR

Is it legal for me to offer to stop a child support order for my child's non-custodial father if he agrees to give up parental rights? The reason I ask is the fact that he is sporadic about payments, and by his own choice, though he is allowed every other weekend and six weeks out of the summer with our daughter, he only wants eight hours every other weekend (and sometimes misses even those). Also, despite my daughter's sensitivity to red dye 40 in food, he continues to give it to her before he drops her off so I have to deal with the after affects. I am getting extremely frustrated because it seems as though he only wants to do the absolute minimum for our child, and every time I bring it up, all it does is cause a huge fight with him threatening to try to take custody "so I can feel how

Attorney answers (1)

  1. Scott Allen Scholl

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . The Courts will not allow you to bargain away the child's right to the support of a parent, so even if you made the agreement it would not be binding (although the non-custodial parent may try to raise some defenses if a contempt action is brought against them).

    The issues you are having with the non-custodial parent can be addressed by the Court without terminating parental rights or support.

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