What happens to Autistic Children if parent give up custody?

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ProtossX
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06 Sep 2008, 6:58 pm

Are the parents required to pay child support to the child legally to survive one they give up custody what rights is the child entitled too if parents have them and walk away is it like divorce where people pay money every month or what?



2ukenkerl
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06 Sep 2008, 7:01 pm

The child NEVER gets paid, autistic or not. At least not in the us or any place I've heard of.



ProtossX
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06 Sep 2008, 7:03 pm

but then why do some parents have to pay child support even if there not married and do not have custody?

isn't that the same thing? guy has a kid drops custody doesn't have to pay child support?



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06 Sep 2008, 7:08 pm

I'm not sure what situation you're talking about. Do you mean if a single parent abandons their child, so that the kid is in foster care? No, they don't have to pay child support if their kid is in foster care (or has been adopted). If there is a custodial parent and a non-custodial parent of course, the non-custodial parent has to pay child support, but it sounds like you know that.

If a kid (age 16 or 17 I think) emancipates themselves from their parents, then the parents wouldn't have to pay child support either. Ditto if they kick the kid out at a legal age.



Last edited by LostInSpace on 06 Sep 2008, 7:10 pm, edited 1 time in total.

Callista
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06 Sep 2008, 7:09 pm

It's not the same thing to the law. Even if it would be fair.

An autistic child would probably go to the foster-care system--if he was lucky. If not, he would be put in an institution of some sort, anything from juvenile detention to a hospital or other mental health care center. Autistic children are not very adoptable, so it is unlikely he would find a new set of parents.


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Last edited by Callista on 06 Sep 2008, 7:10 pm, edited 1 time in total.

0_equals_true
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06 Sep 2008, 7:09 pm

ProtossX wrote:
but then why do some parents have to pay child support even if there not married and do not have custody?

isn't that the same thing? guy has a kid drops custody doesn't have to pay child support?

Because he is financially responsible for the child, that is the law.



Callista
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06 Sep 2008, 7:10 pm

I think what he means is: Parents should be financially responsible in all cases, whether they leave the child with their spouse or give up custody altogether.

I think maybe the law is different because people would not want to pay child support for children they put up for adoption, and might kill or neglect them instead.


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06 Sep 2008, 7:10 pm

In general, one parent cannot on his or her own give a child up for adoption. Giving a child up for adoption by both parents ends the financial commitment. If the child is with either of the legal parents, however, the other can be asked for support. I guess you do see some weird results, and it isn't all the same in every state. A lot of it is driven by economics, what the potential cost to the state is.


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ProtossX
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06 Sep 2008, 7:11 pm

0_equals_true wrote:
ProtossX wrote:
but then why do some parents have to pay child support even if there not married and do not have custody?

isn't that the same thing? guy has a kid drops custody doesn't have to pay child support?

Because he is financially responsible for the child, that is the law.


if thats the law why is it the law that if both parents give up custody neither have to pay a cent?

it doesn't make any sense to have a law for one person to have to pay if one person wants to keep it but neither have to pay anything if they both give it up

does that seem very logical to you?



Callista
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06 Sep 2008, 7:12 pm

Check my post. If they had to pay for a child they put up for adoption, they might choose to kill or neglect it instead. Pragmatic, if unfair.


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patternist
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06 Sep 2008, 7:12 pm

What are we talking about? giving a disabled child up for adoption?



LostInSpace
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06 Sep 2008, 7:14 pm

Callista wrote:
I think what he means is: Parents should be financially responsible in all cases, whether they leave the child with their spouse or give up custody altogether.

I think maybe the law is different because people would not want to pay child support for children they put up for adoption, and might kill or neglect them instead.


Also, child support is meant to alleviate the financial hardship of raising a child as a single parent. When a child is financially supported by the government (as in the foster care system), there is no such hardship.



Callista
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06 Sep 2008, 7:15 pm

patternist wrote:
What are we talking about? giving a disabled child up for adoption?
Yeah, and why you don't have to pay child support if you do.


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0_equals_true
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06 Sep 2008, 7:15 pm

ProtossX wrote:
if thats the law why is it the law that if both parents give up custody neither have to pay a cent?

it doesn't make any sense to have a law for one person to have to pay if one person wants to keep it but neither have to pay anything if they both give it up

does that seem very logical to you?

That is a really good question that doesn't have a simple answer. Bu the most logical is neither is responsible as the child is in foster care. Sometimes the parents opt for adoption because they know they can't give their child a good life.

Of course if the parent can't pay for adoption if they don't actually have the money and are incapacitated.



ProtossX
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06 Sep 2008, 7:17 pm

so basically your saying


1. If Both parents give up custody to the child neither pays any child support

2. If One parent has custody of the child the one who doesn't have custody pays child support

I'm saying it should be

3. If Both parents give up custody they both have to pay child support towards foster care/adoption parents (IMO) <--- THIS

got it yet?

what reason is there for making someone without custody to pay child support when if both parents don't have custody neither have to pay child support

you can't really be inbetween on this issue from the way i see it either you want one child support or you don't if you think that people putting someone up for adoption should clear you of all legal financial things then single parents who want to take it on should not have recieve support from the person without custody either if they don't want to.



0_equals_true
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06 Sep 2008, 7:26 pm

ProtossX wrote:
so basically your saying


1. If Both parents give up custody to the child neither pays any child support

2. If One parent has custody of the child the one who doesn't have custody pays child support

I'm saying it should be

3. If both parents give up custody they both have to pay child support towards foster care/adoption parents (IMO)

got it yet?

Yes and that is a very valid opinion. I would say in the majority of cases, the parent(s) that give up for adoption, believe that it wouldn't be financially viable child support or not. If there is no money there they can't pay chid support. Child support is mostly a percentage. Sometime it isn't always the same for each case.