I have over 90% of the parenting time for my children. The non-custodial parent does not show up even for all her scheduled parenting time and is several months behind on child support. If I am successful at terminating her rights, and my current wife adopts my children, will her obligation to pay child support end? Money is not a motivating factor for me whatsoever; however, I wonder if this could persuade her to voluntarily surrender her rights.
Thank you for the questions and comments. The permanent dislocation of a parent's right with their child is not normally a function of the Family Law court but is handled in the Juvenile Court. And frankly, it is not easy. Parents' are offered procedural rights with their children and a judge is going to help insure those rights for each parent and any children.
Have you requested the juvenile court sever the other parent's rights? Have you attempted a modification of parenting time in the family court? And yes, there is a good chance that child support would end if rights are severed but that would be rather extraordinary. You might first want to look to a Petition to Modify Parenting Time with the Family Law Court.
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Scott A. Mac Leod is licensed to practice law in Arizona. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney. Scott is an active practitioner of FAMILY, CRIMINAL, CIVIL and bankruptcy law.
I agree with attorney Macleod's response and wanted to add that if parental rights are terminated and a step-parent adopts, the child support obligation will terminate. There may be child support arrears that are still owed, but the "current" and ongoing child support would be terminated.
The information provided is general in nature and does not create an attorney-client relationship.
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