Some helpful lines on the subject:
"Parentshave a fundamental duty to support their children to the greatest extent oftheir ability and cannot privately contract to terminate their parental rights.Monmouth County v. G.D.M., 308 N.J. Super. 83, 92 (Ch. Div. 1997). Therefore, childsupport is a continuous duty of both parents. Koelble, supra, 261 N.J. Super. at 194.
Anunemancipated child has a right to receive support from both parents. Blum v. Ader, 279 N.J. Super.1, 4 (App. Div. 1994)."
Therefore, my understanding is that as parents have a duty, and the child has a right to the support, NEITHER party may bargain away the support, parental rights or no. If a father were allowed to simply give up his rights and not have to pay support, I suspect the State of NJ would have a lot of children going unsupported.
The only work around I have ever seen is that the parties may agree to reduce the NCP's support to zero, but ONLY if the CP stipulates or certifies that she is able to fully support the child on CP's own assets and income. This would however, still be subject to a change of circumstances analysis and the CP could at anytime bring an action to increase the support.
Hope that helps.
Original Message------
I believe, even with the other parent's consent, this is still prohibited, unless there is a new spouse who wants to adopt.
One way around it is a verbal agreement and then a consent order to reduce support because there will be no parenting time, but not a formal termination of rights.
Lisa
Lisa Stein-Browning, Esq.
Gianos & Phillips, LLC
908-735-4126 x 220
Fax 908-735-2017