COVID related closures and quarantines have put a strain on both marriages and parenting alike. Parenting is a 24-7 job. Parenting does not come with a “pause button.” For better or worse, parenting has its ups and downs. On the sunny side, parenting can be one of life’s greatest pleasures. On the dark side, parenting can be overwhelming and can push someone with substance abuse, or mental health issues, over the edge.
One of the toughest questions that I get is “Can parents voluntarily sign over parental rights (New Mexico)?” This question may be posed by a single parent that has been pushed to the edge. The question may also be asked by a parent that has never been involved with the child and wants to avoid child support or any responsibilities of parenting.
CAN I VOLUNTARILY SIGN OVER/AWAY PARENTAL RIGHTS IN NEW MEXICO?
No. A parent cannot voluntarily sign over/away parental rights in New Mexico. Parents have rights and responsibilities that cannot be easily waived. To voluntarily relinquish parental rights/responsibilities another person must be willing to step into a parent’s shoes through adoption.
Children have a right to support and parents have the financial responsibility to support their children.
In some situations, the primary parent may be willing to waive child support in exchange for being granted sole legal custody. However, such an agreement does not terminate the parent-child relationship. In the future, sole legal custody could be modified based on a major change in circumstances.
Also, the assigned judge could reject the agreement and find that child support must be paid. In other words, the judge could grant one parent sole legal custody – but find that the other parent must pay child support. in other words, the court can enforce parental responsibilities without establishing or enforcing parental rights.
PARENTAL RIGHTS CAN BE INVOLUNTARILY TERMINATED WHEN ABUSE OR NEGLECT IS PRESENT
Parents cannot voluntarily sign away parental rights. However, New Mexico can involuntarily terminate parental rights through an abuse and neglect case.
An abuse and neglect case begins when CYFD opens an abuse or neglect case in Children’s Court. Parental rights can only be terminated through an abuse and neglect case after a lengthy court process. The termination process requires the court to make every attempt to reunite the child and parent.
ADOPTION IS AN ALTERNATIVE TO SIGNING AWAY PARENTAL RIGHTS IN NEW MEXICO
As we have seen, a parent cannot willingly sign away parental rights. There is no “Waiver of Parental Rights” paperwork that a parent can sign. With that said, another person can step into your shoes and assume your parental rights/responsibilities through adoption.
In some situations, one of the child’s parents may marry or remarry, and the stepparent desires to adopt the child. In this situation, the child’s biological parent can willingly sign away parental rights by consenting to the adoption.
If the adoption is granted, the biological parent will no longer have parental rights or responsibilities. Once granted, the adoption will permanently terminate the parent-child relationship. On one hand, the biological parent is no longer responsible for paying ongoing child support. On the other hand, the biological parent’s rights are permanently terminated.
IF YOU SIGN OVER YOUR PARENTAL RIGHTS CAN YOU GET THEM BACK?
No. The only way for parents to voluntarily sign over parental rights is through adoption. An adoption is final. This means that you cannot get parental rights back after an adoption is granted.
MOTHER/FATHER SIGNING OVER PARENTAL RIGHTS IN NEW MEXICO
TERMINATION OF PARENTAL RIGHTS AND CHILD SUPPORT OBLIGATIONS
New Mexico parents can only voluntarily waive parental rights through adoption. Child support is based on a child’s need for support. New Mexico courts are child-centered and focus on a child’s best interests. Based on this child-centered focus, the only way to voluntarily waive the responsibility for paying child support is through an adoption.
With all of this said, New Mexico courts can only enforce visitation orders and cannot force a parent to participate in a child’s life. Parents cannot be forced to visit or spend time with a child. At any time, a parent can choose to walk away from their child.
Parents that choose not to be involved with their children are still required to pay child support. This means that a parent is required to pay child support, even if the parent chooses to walk away from the child’s life.
HOW TO TERMINATE PARENTAL RIGHTS OF NON-CUSTODIAL PARENT?
A non-custodial parent’s rights can only be terminated through either adoption or abuse and neglect proceedings. At times, one parent is granted sole legal custody, in the child’s best interests. However, being granted sole legal custody does not terminate the non-custodial parent’s rights. Sole legal custody can always be modified based on a major change in circumstances.
(505) SANCHEZ CAN ANSWER CHILD CUSTODY QUESTIONS — CAN PARENTS VOLUNTARILY SIGN OVER PARENTAL RIGHTS?
For more than twelve years, Matthew Sanchez has handled child custody cases across New Mexico, including: Rio Rancho, Los Lunas, Belen, Gallup, Santa Fe, Estancia/Socorro. Speak with an experienced New Mexico child custody attorney. Speak with (505) SANCHEZ.
New Mexico law on voluntarily signing over parental rights
