“My question is: can I sign over my paternal rights to avoid paying child support? If my child lives in North Carolina and I live in New York, how would the amount that I am responsible to pay be determined?”

You can’t just sign over your rights in some informal way. If you file a Petition for termination of parental rights, the Court in North Carolina will determine whether by clear and convincing evidence termination of your rights is best for your child. Some of the grounds are: Abuse, neglect, child in foster care for more than a year, DSS involvement, failure to support (and termination in the child’s best interests), incapacity of the parent, etc. If the Court does not terminate your rights, support will likely be by the guidelines of the state where the request to determine support was filed.


Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.