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Termination of Parental Rights Process and Child Support

Good afternoon, 
I am wondering if anyone is willing and able to share with me their Tribal Codes on Termination of Parental Rights (Voluntary or Involuntary). Our court allows both involuntary and voluntary termination but what I have seen in the past year is increase in voluntary termination of parental rights and the child support obligation ending. Which, if termination, I see that as child support should end but what I am not agreeing with in my position is usually this has left support of the child on one parent, which I do not see as fair to the child or other parent left to care for all needs of the child. 

I will be up front, my ex-husband and I agreed to do the voluntary termination of his rights since he has not been a part of my daughter’s life since we divorced and he has been in legal trouble since. However, my husband now agreed to adopt her and we went into the Court with the termination and adoption. Meaning there was already someone willing and able to help support her needs financially. I am not seeing the financial need being accepted by anyone else but have seen that NCP’s are voluntarily giving up rights to their child, some for financial reasons, which I do not agree with. So I am asking if anyone is willing to share their Code on this issue or even if your Tribe may not even allow voluntary termination. My Executive wants me to gather as much information I can on other Tribal Codes in this area to see if we can update our own Code.  

Thank you 
Jeanette Moody

 

2 Responses

  1. 1.33 Termination of Parental Rights – Duty of Support
    A termination of parental rights does not terminate the duty of either parent to support the child before the child’s adoption unless that duty is specially terminated by order of the Court after notice of a proposed termination or relinquishment is given to the FBIC Social Services Dept. in the manner appropriate for the service of process in a civil action under the laws of this Tribe. A termination of a child support obligation under this section does not relieve a parent of the duty to pay any unpaid child support.

  2. Sec. 6-2303. Termination of Parental Rights – Duty of Support.
    A termination of parental rights does not terminate the duty of either parent to support the child. Upon a termination of parental rights, the biological parents shall continue to owe a duty of support for the child(ren) up until the time of adoption. Upon an adoption decree being entered by the Court, the child support obligation for said child shall terminate. A termination of a child support obligation under this Section does not relieve a parent the duty to pay any unpaid child support such as arrears.

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