Providing financial security to their child is one of parents’ many obligations towards their offspring. This obligation is known as child support, and it is a court-ordered payment that plays a crucial role in ensuring a child’s overall well-being. Parents are still financially obligated to support their children even after a separation or divorce. In New York, parents are required to provide financial support to their children until they reach the age of emancipation. However, if the court finds that it is not in the child’s best interests for a parent to have legal rights toward the child, they can terminate their parental rights. Please learn how child support is affected when parental rights are removed and how a skilled Rockland County Child Support Attorney can help you today.
When does the court find it appropriate to terminate parental rights?
The court can terminate parental rights to preserve a child’s best interests. If they deem a parent unfit, meaning they put their child in an unsafe situation, subject to neglect or abandonment in their home, the court, after attempting to work with the parent to improve the conditions for the child, can remove parental rights. However, this is typically their last resort. The court recognizes that it is usually in a child’s best interest to benefit from having a relationship with both parents. If that is not possible, they will do everything they can to safeguard a child’s emotional, mental, and physical well-being.
In certain circumstances, a parent may voluntarily surrender their parental rights. This is only possible if a child is being put up for adoption. The court will not allow a parent to relinquish their rights unless they are confident that they have carefully considered their decision, as doing so would mean giving up their parental relationship.
If my parental rights are terminated, am I still obligated to pay child support in New York?
In New York, parents can have their parental rights voluntarily or involuntarily terminated. If you sign your parental rights away, you relinquish all your rights toward your child. If you surrender your parental rights, you will agree to end your legal relationship with your child. The same is true if the court decides to terminate parental rights in a child’s best interest. Therefore, when parental rights are removed, the obligation to pay the child ends. This is because all legal rights and responsibilities a parent has to their child cease after their parental rights are removed. Ultimately, you will no longer have the obligation to support the child financially. Nevertheless, it’s imperative to note that you cannot waive your rights to avoid paying child support.
For more information regarding child support obligations in New York, please don’t hesitate to contact a knowledgeable Rockland County child support attorney. At The Law Office of Peter L. Jameson, PLLC, we are prepared to effectively represent your interests.