Is it Ever Advisable to Give Up Your Parental Rights in New York?
“If you give up all your rights and never bother us again we won’t ask you for anything!” We often receive calls from noncustodial parents who say they’ve been offered that proposition during heated arguments with their exes. However attractive that deal may seem, be aware that giving up your parental rights does not end your financial obligations to your child. Neither you nor your ex have the right to bargain those away.
As far as child support goes, it is your child’s right to receive financial support, not your ex’s right. A parent cannot waive or otherwise choose to decline child support just because he or she does not get along with the child’s other parent. To do so could seriously harm a child. Your ex may have no idea how expensive it is to raise a child. The costs of daily life add up fast and are augmented by such expenses as health insurance, extracurricular activities, college tuition and special needs. The total amount spent from birth to the child’s age of adulthood can be gargantuan — which is why every child has the right to help from both parents.
Even if your ex has the resources to provide for your child without your assistance, courts recognize that it is in a child’s best interests to know and associate with both parents. Your visitation (parenting time) with your child may be far more beneficial than you know. There is no advantage to giving it away.
In reality, there are only five grounds for legally terminating parental rights in New York: abandonment, permanent neglect, mental illness, mental retardation and severe and repeated abuse. Even when in the most heinous circumstances, termination of parental rights requires a formal court proceeding with a right to legal counsel.
No matter the complications or animosity between you and your ex, our legal team can work diligently to find custody and child support solutions that serve the best interests of your children. If your circumstances warrant it, we can help you petition to terminate the rights of a harmful or neglectful parent. To schedule your free initial consultation with a professional at Bryan L. Salamone & Associates, P.C., call 1.631.479.3839 or contact us online. From our office in Melville, New York, we represent parents in Suffolk County and across Long Island.