Q: In the state of Hawaii, can a non-custodial parent relinquish their rights to children and not pay support?
non-custodial parent does not see children unless mother says yes. Total days seen in 2016=4. Father was unable to keep visitation schedule made by mother because of work schedule and children's school/sport schedule and children live 24.5 miles approximately a 2 hour drive to and from. Mother is unemployed and fully capable of working, but refuses and states "she deserves to stay home"
A: The brief answer is that a non-custodial parent cannot relinquish/terminate their rights to their child, nor their child support obligation. The only two exceptions would be (1) the State (through Child Welfare Services/Department of Human Services) terminates the parent's rights to the child as an unfit parent, based on abuse or neglect; or (2) if there is a proposed adopting parent who will take the place of the parent giving up his or her rights (an example would be the new husband of the children's mother adopting the children as the new father, extinguishing the biological father's parental rights - this is typically done with the consent of the biological father).
If there are violations or problems with ensuring your visitation, you can file a motion for relief with the Family Court to enforce or modify your visitation rights.
2 users found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.