{"id":3637,"date":"2018-06-30T10:10:57","date_gmt":"2018-06-30T17:10:57","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/?page_id=3637"},"modified":"2024-11-13T12:38:12","modified_gmt":"2024-11-13T19:38:12","slug":"parental-rights-terminated-do-you-pay-child-support","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/blog\/parental-rights-terminated-do-you-pay-child-support\/","title":{"rendered":"If Parental Rights are Terminated, Does Child Support Continue in Arizona?"},"content":{"rendered":"

Introduction<\/h2>\n

An adult may voluntarily terminate or \u201csign away\u201d their parental rights, but doing so rarely eliminates the requirement to pay child support<\/a>. Generally speaking, the only situation where the courts will absolve a parent of their child support obligation is when another adult is willing to adopt the child.<\/p>\n

This can occur when the custodial parent<\/a> remarries (if the new spouse is willing to adopt the child), when a child is adopted by another family member (e.g. grandparents, extended family), or when a child is adopted from a foster home. Without a pending adoption, it\u2019s rare to see a case where the court approves a request to absolve a parent\u2019s child support obligation.<\/p>\n

Additionally, note that when the court does grant a petition to absolve a parent of their child support obligation, the judgement may only apply to future child support payments. In other words, a parent who signs away their parental rights to a new adoptive parent may still be required to pay any unpaid child support.<\/p>\n

Parental rights vs parental duties<\/h2>\n

It\u2019s important to understand the difference between parental rights and parental duties. Parental rights generally relate to a parent\u2019s access to their child and his or her affairs. Examples include the right to visitation, to consult with the other parent on important matters like education, and to consult with the child\u2019s healthcare providers. Parental rights can also include a claim on a portion of the child\u2019s income. These rights are typically spelled out in your divorce decree, court order, or applicable state statutes.<\/p>\n

Parental duties, on the other hand, are considered natural obligations that come with parenthood and are inherently difficult to dismiss. Examples of parental duties include child support and the general obligation to provide for the physical wellbeing of a child. As these revolve around the child\u2019s rights, parental duties and obligations can only be absolved when doing so is in the best interest of the child.<\/p>\n

Remember\u2014the court has an obligation to protect the best interests of the child and ensure that the child is sufficiently provided for. The needs of the child will always come before the needs of the parent. Therefore, while a parent may voluntarily terminate their right to visitation, the dismissal of parental rights doesn\u2019t necessarily terminate parental duties.<\/p>\n

 <\/p>\n

Voluntary termination of parental rights<\/h2>\n

To sign away your parental rights, you\u2019ll need to file a petition with the court for voluntary termination of parental rights. When the court considers your petition, the judge will take the following factors into account:<\/p>\n