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Published: October 30, 2009 10:44 pm
Court: Parents who give up rights still pay
Associated Press
CHARLESTON (AP) — Abusive and neglectful mothers and fathers who relinquish their parental rights are still obligated to pay child support, according to the West Virginia Supreme Court.
The best interests of the child are always tantamount in such cases, the court said in Thursday’s ruling.
“Child support obligations are not only responsibilities parents owe to their children, they are also rights which belong to children,” the high court said after reviewing two lower court cases in which two Harrison County circuit judges drew opposing conclusions.
In both cases, the fathers argued that their responsibility to pay child support ended when their parental rights were terminated. They pointed to a 2006 amendment to state law in which the language “guardianship rights and/or responsibilities” was changed to “guardianship rights and responsibilities.”
The Supreme Court disagreed.
Had lawmakers intended to eliminate parents’ financial obligation to their children, justices said, they would have “done so explicitly and clearly, rather than simply removing the word ’or’ from W.Va. Code.”
The state’s child welfare law clearly shows lawmakers’ primary interest is in assuring the best interests of the child, the court said.
“As this court has frequently emphasized, the best interest of the child is the polar star by which all matters affecting children must be guided.”
Therefore, absent adoption, the obligation to support a child remains with the natural parents.
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