My 8 month old child is in CPS custody for 'failure to thrive'. Neither me or the father have any substance abuse issues, but at the last hearing he stated he wanted terminate his parental rights because he "couldn't provide a good life" for the child. I know his real reason is that he wants to avoid paying child support. He has not been making the required CPS visits or doing any of the other requirements. What are the odds of his rights being terminated and if they are will he still have to pay child support?
If CPS terminates the father's parental rights, that terminates his legal obligations to the child, including future support. Unpaid arrears will still be owed.
Family Law Attorney
If a parent's parental rights are legally terminated, the parent's legal duties to the child would also end. This is different from a parent's time with the child being restricted. When the parent is merely prevented from having contact with a child (for example because of abusing the child), the parent will still have the duty to provide financial support for the child.
If the state is having a hearing to take away your parental rights, the state should be providing you with an attorney whose duty is to protect your rights.
CPS likely will make recommendations that a person's parental rights be restricted if the parent is not cooperating with CPS.
You should review your specific facts with your attorney to find out your legal options.