Can my husband sign his rights over?

Question

My husband got court papers saying a woman is saying he fathered her 4 yr old son. We were told that since he did not sign the birth certificate, and had no contact with the child then he will be able to sign his rights over. I think he's wrong, unless someone wants to adopt the child. Can anyone help me? He doesn't want the child, and apparently the child is happy with his mother, and her boyfriend. If he has to pay child support, then he will definitely get visitation right? And that will only mess up his life even more, and also the lives of the 2 daughters we have. Any advice on what we can do, and any information on how this all works?

A woman can have an abortion... So if a woman can choose not to be a mother, why can't a man choose not to be a father?

Our 2 daughters look just like my husband. This boy looks nothing like him, and doesn't look like the mother either.

He had a conference date today, where they planned to do paternity testing, and start the process. The child's mother didn't even show up. She then told my husband today she didn't plan on going, and doesn't even have the kid anyway....

She has now sent my husband an e-mail telling him the kid isn't his.

Answer 1

contact a lawyer first, find out for sure,, then DNA test, just because SHE says its his son doesnt mean it is. Do not acknowledge the child as his for any circumstance unless a DNA test is done first. One simple mistake with this situation could screw him for life. If he signs his rights over, he is acknowledging that it IS his son, and if im not mistaken he could still have to pay child support- but just no rights- but im not sure. contact legal council on this matter. my husband pays child support for a child he thinks is not his. he did this girl once and she said he got her pregnant so he stayed with her, she had the kid, and then he caught her boning her ex husband after kid was born, BUT he signed a paper at birth and they will not grant him a DNA test because of it. the kid looks like her ex. Our boy looks like my husband and he has another boy too that looks like him. but one in question has blonde hair and green eyes, our boy and his oldest have brown hair and brown eyes like him. Be careful,, you dont want to screw this up. It sucks having a husband and 2 other women and other kids in our family. it just isnt me, my husband and our son. its us and the others always wanting more money, wanting this, nagging for that. get the test if he is not the father tell her to piss off and stay the heck out of your alls life. good luck, i feel for you all.

Answer 2

Most states will not allow relinquishment of parental rights unless there is another person, (almost always must be a step-parent, not a boyfriend), willing to take them on.

Your husband cannot relinquish his rights unless the mother and her husband, (not boyfriend), request it. He could try, but they most likely won't do it.

Regardless of what the kid looks like, it could still be his child. Your husband needs to have DNA testing done to establish paternity, just to eliminate any goof-ups. Then he could try to approach the mom and boyfriend about the boyfriend adopting his son.

If they choose not to go this route, your husband is on the hook for the child support. But some states will only require child support from the point of determined paternity forward. They don't always nail the father for back support in these types of cases.

Child support and custody/visitations are two distinctly seperate issues with the court. They do not go hand-in-hand. After paternity is established, then he should seek visitations if your husband wants it.

Also, whatever happens, just try to be supportive to your husband and accepting/loving to your new step-son. It's not his fault that he was born.

Answer 3

How sad for this child. You should definitely get a lawyer and find out if the child is even his first off.

Your husband can sign his rights over anytime he pleases. He doesn't need someone to be willing to adopt.

HOWEVER... signing over his rights does NOT mean that your husband will not still be responsible for child support if it is proven that he is the father. (I have a friend whose child's dad signed over his rights to the mother, and when the judge asked him if he knew what it meant, the father said yes, the judge said and you also understand, this does not mean you are not responsible for support! The father had no clue as that was the only reason he was signing over his rights to begin with)

Signing over rights simply means that he would sign over all his rights to fight for custody, visitation and any rights to decide what is best in the future for the child. If your husband feels it is in the best interest of everyone involved to not be in this childs life then he should sign his right away. He doesn't need to be to be, nor does it sound like he wants to be a part of the childs life anyway.
More than likely though, the woman is going to want support and will fight him in order to get it. But if support is awarded, yes your husband should be awarded some type of visitation.
Good Luck!

Answer 4

I just don't understand how a child knowing his own father could "mess up his life" or mess up the lives of your two daughters. You obviously do not have the childs best interest in mind. I feel sorry for this child that he "doesnt want".
As far as the law goes, I believe he can sign over his parental rights if the mother agrees to it and the child is well taken care of financially by the mother, also she would have to have other family members that could take the child if she dies ( oh wouldnt that be great, a child without a mother OR a father?).
Seeing as how you and your husband don't want to be inconvenienced by the life of this child, it probably is the best thing if the mothers boyfriend were to marry her and adopt him.

Answer 5

You need to talk to a family law attorney. Child support and visitation are not always connected. If he fathered the child, he is financially responsible, whether or not he sees the child. As far as messing up all of your lives, that's not really the point is it? Of course it wasn't fair of the woman to keep this information from your husband for the last four years, but the fact is the child exists, and needs to be taken care of. Your husband should request a paternity test, and contact a lawyer.

Answer 6

He can sign over his rights as a father. It's his CHOICE! Just like women have the CHOICE to abort their baby without notifing the father or even repercussion from the father. He can sign his right away. He can also request a paternity test if a silly judge says he can't sign over his rights (unconstitutional). Then the state would have to hold the case until a test can be performed, thus the funds would have to be there to do the test. Not all states can afford this kind of prosecution for a matter of child support.

Answer 7

What I have always known is that a person can sign over their parental rights after 1) paternity has been officially determined or 2) someone else wants to assume his parental rights.

As far as child support and visitation is concerned - both are the rights of the child not either of the parents. So if your husband does have paternity established and decides to sign over his rights, he may still be liable for child support, but not visitation. (Because the child has the right to receive support from both parents even if one does not claim him) However if he signs over and someone else assumes your husbands parental role then your husband will be of the hook for both support and visitation.

I hope this helps, I am not a lawyer, I am just someone who saw this happen to someone close. Also you might want to look into seeking advice from legal aid (they are lawyers that work pro bono for people who cannot afford them). Good luck

Answer 8

He has the right to visitation weather he is paying support or not, but pushing that issue will almost assure him of paying. If the mother asks him to sign away his rights, then he definitely can do that. This would not only mean he is no longer the child's legal father, but it also relieves him of any other obligations (unless the state paid for the birth, in which case the state will still make him pay them back for that).

Answer 9

I had a son a little over four years ago and he is the world to me but the dad wanted nothing to do with him so I went on with my life and got remarried and took the guy to court to sign over his rights he denied the child was even his so the DA set up a day for him to do a DNA test he did't show up so the state declared him the father He signed over his rights but had to pay back child support for as long as the child had been alive.

Answer 10

A parent can sign papers to give up parental rights. If he does that, he does not have any responsibilty towards the child. I am assuming a paternity test would have to be done first because if he is not the father, none of the court stuff is necessary.