A parent’s voluntary relinquishment of parental rights is the legal process in which the parent of a minor child asks the court to terminate the parent-child relationship. Termination of the parent-child relationship terminates the parent’s right to visitation or custody of the child, and terminates the parent’s obligation to support the child. But most courts will not allow a parent terminate parental rights and obligations such as child support unless there is a qualified person who is willing to adopt the child, and the court determines the adoption is in the best interest of the child. And even if a parent is able to voluntarily relinquish parental rights—and if the court approves the termination of parental rights and the child is adopted—the parent’s past due child support obligations will generally not be extinguished.
In Wisconsin, a parent may voluntarily relinquish parental rights, but this process requires court approval. The court will consider the best interests of the child when deciding whether to terminate parental rights. Typically, the court will not terminate these rights unless there is another individual, such as a stepparent or other relative, ready to adopt the child. This ensures that the child's welfare and financial support are maintained. Even if a parent successfully relinquishes parental rights and the child is adopted, any past due child support owed by the parent is not automatically waived. The parent remains liable for any child support arrears that accrued before the termination of parental rights.