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My friend is married and pregnant and now her husband wants a divorce. He wants her to have an abortion so he won't have to pay child support. He's telling her if she has the baby he will just give up his rights. Can he do that? Is that legal?

2006-09-23 19:01:33 · 19 answers · asked by Angie B 1 in Family & Relationships Marriage & Divorce

19 answers

No, it doesn't quite work that way. The mother would have to petition to have his rights removed...he can't just give them up. Tell her to go down to the your local Legal Aid office for a free consultation.

2006-09-23 19:04:45 · answer #1 · answered by ? 6 · 2 0

Take it from a single mom whome recieves childsupport with friends who do & don't get the support.
Given up his rights only does one thing, that giving up all rights of say so of anything for the baby, but not child support. He had sex as well as her, new the possibilities, and is just as responsible for the child as the mom... Thats how the law sees it.

2006-09-23 19:07:43 · answer #2 · answered by SunRise 2 · 0 0

yeah,thats legal,but its more than likely he will regret it and go 4 custidy ova the baby wen the baby is bout 5-7 years old.But if afta the divorce,she gets cusidy he cant really take her 2 court and think he's goin 2 win it cuz he walked out on her.I wouldnt get an abortion,im against them and she should be 2,so just tell yo friend that the right man will come along and take care of her and her baby and not 2 worry she will be a great mom.
Hope I heled...
~Dtown_cuti313

2006-09-23 19:08:02 · answer #3 · answered by detroit_lady313 1 · 0 0

He can't just give up his rights to avoid paying child support. If the mother remarries and her new husband elects to adopt the child, then the father would have to give up his rights for the adoption to approved.

2006-09-23 19:08:01 · answer #4 · answered by Rainman 5 · 0 0

I have been through this already.Can't say whether its legal or not ,just an agreement between two adults.Papers are notorized,I have never recieved child support ,nor has the father seen child.thats what it means.However it's been 16 yrs and he has regrets now he wants to see child!Your friends situation sounds close to home .

2006-09-23 19:39:38 · answer #5 · answered by sweet-talkin-mamma 1 · 0 0

Not unless their is another man who will adopt the child. The state will make him pay child support. She just needs to make sure she lists him as the father on the birth certificate, if she doesn't she will have to prove who the father is. So please tell her to do this to protect her and the child.
God Bless

2006-09-23 19:18:05 · answer #6 · answered by cinson1999 4 · 0 0

OOOH yessss he can give up his parental rights but he will still have to support the child unless he can find another man willing to adopt the child and replace him so hes spinning his wheels sounds to me he needs to grow up.

2006-09-23 22:54:05 · answer #7 · answered by CaliMa 3 · 0 0

yes, but he will still have to pay child and probably even spousal support.

Giving up his rights will just mean he will have no legal basis and have no say at all in the raising of his child.

2006-09-23 19:06:15 · answer #8 · answered by lamikashi 2 · 0 0

yes he can give up his rights. but it is not as easy as it sounds. he is just threatening her. even if he gives up all rights he will still be responsible for child support. he is the father.

2006-09-23 19:04:39 · answer #9 · answered by Anonymous · 0 0

yes, he can, my ex husband did it (in the state of Oklahoma) and after that I lost all respect for him and divorced him. how do you explain that to a child? " your dad didn't think you were worth the money, so he made it like you didn't exist." nice. better save up for therapy.

2006-09-23 19:08:26 · answer #10 · answered by jules 3 · 0 0

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