Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I want to terminate my child’s father’s parental rights, and still receive child support. I feel my grounds are solid, however, the court ordered wage garnished child support is still needed. Will/would this have to be sacrificed?”I’m not sure what your grounds are, but they probably are not sufficient to accomplish your stated goal. In California, Family Code section 3020(b) provides: “[t]he Legislature finds and declares that it is the public policy of this state to assure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship, and to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy, except where the contact would not be in the best interest of the child, as provided in Section 3011.” Physical abuse and controlled substance abuse are factors the Court could consider to curtail visitation in FC3011 (perhaps make it supervised), but would not be grounds for a “no contact” order.
Question: In modification proceedings, the Court will look to a child’s best interests. This usually involves contact with both parents. If a parent brings forward false allegations in order to frustrate parental rights, that can be used against that parent in these proceedings against the parent claiming abuse. So, before making allegations, realize that it probably will not end contact between father and child, and you better be right about what you put in your paperwork.
Answer:
Basically even messed up people can usually have a relationship with their children if they have both a desire and ability to parent (the facts you gave me did not mention conception by rape or your murder, so likely there will at least be supervised visits, even if you want no contact). The plus side is that your child has an absolute right to be supported, so that will continue despite any diferences of opinion you have with birth father.
