Court May Not Terminate Parental Rights And Child Support Based Solely on Agreement of Parents

The California Court of Appeals held that parents can't agree to waive their obligations toward their children.

After the birth of their child, Mother and Father agreed that Father would pay Mother a lump sum of $6500 and that his parental rights would be terminated.  In other words, he had no further child support obligations nor the right to seek visitation. The trial court found that the parents had made a careful consideration that the best interests of the child would not be furthered by the sporadic contact with Father that they envisioned for the future.

The court of appeals reversed, holding that "Parents have no right, in California, to waive or limit by agreement a child's right to support.... Public policy intervenes to protect the child's continued right to support. A judgment so terminating parental rights and the attendant obligation to support the child is void as a breach of public policy and as an act in excess of the court's jurisdiction." The court concluded that the trial court had no power to terminate rights. If you want, you can read Kristine M. v. David P., 2006 Cal. App. LEXIS 34 (January 13, 2006) here.

Comments

[Michael]

That's insane! Since when does the government get to decide how consenting parent's choose to raise their children? Not to mention, the man who doesn't want to see the children will never provide for them what they need most, and this ruling seems to make it impossible for a child to later be adopted by a loving "new" parent?

We should kindly ask the government to get out of our personal lives, except in the obvious cases of extreme harm and danger (abuse).

[mario]

I want to terminate my rights for my 2 kids I pay support on. They do not want anything to do with me but willing take my support. Can I terminate my rights and stop paying support. They are 15 and 17.

[Roy]

doesn't the court have to follow a law that states that in the event of a custody/divorce hearing that the father has to be first notified there is a hearing, two be given an opportunity to defend his rights and three if the father files an appeal he gets heard> or does the Judges in Jackson County court house in Missouri get to decide laws of their own? Had contacted the court for three weeks prior to hearing, was told repeatedly there was no hearing scheduled right up tot four days before the hearing was held. Was denied hte right to know of the hearing was denied the right to appeal the decisions. There is no law that protects me???

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