Falling Through the Cracks: Distinguishing Parental Rights from Parental Obligations in Cases Involving Termination of the Parent-Child Relationship

Abstract

Two years after Mariana Ponton and Jesus Tabares divorced, authorities suspected that Tabares sexually abused his daughter. Upon a petition by the guardian ad litem, the court terminated Tabares' parental rights, finding it was in the child's best interest to have no future contact with her abusive father. Tabares, who voluntarily consented to the termination of his parental rights, later petitioned the court to terminate his obligation to provide child support. Ms. Ponton and her daughter depended on the child support; thus, the guardian ad litem requested that the court order Tabares to maintain his child support obligation. Despite this, the court rewarded Tabares, an abusive parent, by relieving him of the duty to pay child support. The court's ruling that a total severance of all ties to the abusive parent was in the child's best interest resulted in the child no longer receiving financial support from Tabares.