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Is there a way I can get a person to stop paying state-enforced child support and also voluntarily terminate his parental rights

Chicago, IL |

I'm looking to have my child's dad terminate his parental rights and stop paying me state-enforced child support If it will keep him away from me and my child. I do not want to deal with this person anymore and he's also looking for anyway not to pay child support for a child that is his before and after DNA testing. I feel like it would continue to be time-consuming and physically, emotionally and mentally exhausting to battle this person on a daily basis.

Attorney Answers 3

  1. there are two ways. one is to have someone else adopt the child. the other is through juvenile court. you do not want to go to juvenile court. is there someone willing to adopt this child with you? if not, there is nothing that can be done.

    the dad owes support. he is entitled to spend time with his child. without the adoption, those two continue.

  2. I agree with counsel's answer. I'd just add the fact that the law considers the child's right to be supported and to potentially have a relationship with the other parent--even a minimal one. However, if the father abandons the relationship and fails to take a "reasonable degree of interest" in the child, then an adoption by a stepparent is often the best course--if a stepparent is in the picture at all. The other advice I often give is to choose the mode and manner of communications with the other parent and limit such communications to only those reasonably related to the child's needs. There need not be an face-to-face communication--many of my clients communicate solely by e-mail, text messages, letters--even by way of websites such as "Our Family Wizard"

    The information provided here should not be construed to be formal legal advice. The provision of this general advice does not create a lawyer-client relationship. Persons with legal questions are encouraged to seek independent counsel for advice regarding their individual legal issues.

  3. The legal parent of a child has both rights and responsibilities. The father can give up his rights but remains obligated in his responsibilities. The only way parental rights can be terminated is by a finding of abuse of neglect in a juvenile court proceeding, or if there is an adoption and another person is stepping in to take the place of the father. Your not wanting to deal with the man simply is not a basis for termination of his rights as a parent.

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