Can I give up my parental rights if my 16 year old wants nothing to do with me?

2 views 3 answers
My ex and I have 50% legal and physical custody of our son. However, I only see him every other weekend and on wednesdays because that's what he wants. He was pretty much forced to see me and now he doesn't want to at all. I am paying child support to his father which isn't being used for his well being. Can I give up my parental rights and stop paying child support for him?

Attorney Answers

3
Hillary Johns ·
I'm sorry that your relationship with your son is in such a state. Keep in mind that this could change in time. Generally, termination of parental rights are in extreme cases and you have not described any facts which would suggest such. It is not a reason to avoid paying child support and the law in the State of California is that the custodial parent does have a right to derive an incidental benefit from child support in some cases. My suggestion would be to speak with a family law lawyer in your area as to how to proceed and build a relationship with your son, if you're willing to do it. Mr. Schwerin is an excellent, excellent lawyer on and is in San Jose. My suggestion would be to speak with him and ask if he is willing to represent you. Or if you had a lawyer who helped you negotiate your divorce, you could call your previous lawyer and ask them how to proceed.
0 upvotes
Cathleen Norton ·
Teenagers can be difficult--no question about it--but there are better ways to deal with your situation than contemplating giving up on him. The answer to your question is "no" you cannot just "give up" your parental rights and stop paying child support. There are less drastic solutions to your problem and you would be well served by contacting a family law attorney in your area who can assist you and perhaps give you some referrals to therapists in your area. Good luck.
0 upvotes
John Kitta ·
Is it simple, no, is it possible yes. The child would have to file a Petition with Superior Court, even with your blessing, the Court would have to make a finding that the child was capable of independently financially supporting him or herself. Does it happen, yes, not particularly an easy task.
0 upvotes