Can a father sign the rights over to a child and not have to pay child support in the state of Indiana? Does the mother have the option to say no? The man isnt even listed as the father on the birth certificate and she has another boyfriend that she has the child call daddy. The situation isnt very good, and honestly the best thing is to break ties all together, the father of the kid wanst to terminate rights and break away completely, is this possible?
2006-12-03 06:16:33 · 6 answers · asked by Calli S 2 in Politics & Government ➔ Law & Ethics
In Indiana, the only way to remove a father's rights would be for another man to adopt the child. To do otherwise would be to leave the child with only one legal parent and the court is not going to voluntarily do that.
If the mother marries the boyfriend, the boyfriend could then adopt the child and the biological father would no longer be the legal father of the child, thus not owe support nor have any rights to the child
2006-12-03 09:33:13 · answer #1 · answered by Mama Pastafarian 7 · 1⤊ 0⤋
A court cannot terminate parental rights except in the most extreme circumstances. Even then, they are on very shaky ground. The only one who can terminate those rights are the father, by agreeing to. Usually, this is something that is done when a long absent father agrees for the purpose of the mother's new husband adopting the child. It is entirely a voluntary process.
However, child support is a completely separate matter. You cannot reliably trade parental rights in exchange for not having to support your children. You might sign a contract. But the court will ignore it. The mother will easily be able to seek support at a later date, no matter what you agreed to. And heaven help you if she ends up on welfare. The state will seek to recover that money from you, and they have extreme powers to put your nuts in a vice, in order to do just that. Again, signing away your parental rights does nothing.
Your best bet is to have an informal arrangement with the child's mother. You won't cause trouble in their lives with the parental rights issue and she won't seek to squeeze support out of you. However, this is unenforceable and only your word and her word make it happen. It only works if the woman and you are both relatively normal people of good character and she is able to take care of the kid by herself.
2006-12-03 14:33:51 · answer #2 · answered by Anonymous · 0⤊ 1⤋
Yes, anyone has the right to terminate parental rights. A lawyer will draw up the document and the parent will sign it before a notary. This is most often used when the father is in prison and the mother wants nothing more to do with him. I'm not sure how his name not being on birth certificate will affect this. If she and he agree he's the father and could prove it with DNA, then no problem.
2006-12-03 15:17:53 · answer #3 · answered by beez 7 · 1⤊ 0⤋
A child is not a car or a boat or a house. A father can't terminate rights, only a court can, and that doesn't mean he is going to be able to stop paying support.
2006-12-03 14:21:25 · answer #4 · answered by bikeworks 7 · 0⤊ 1⤋
Legally yes... Both parties have to be in agreement and then a court has to also agree and order the action. It is a sticky situation that can have some leverage for reversal at a later date, saying the father gets his life back together and petitions the court to hear his plea to reverse the earlier agreement. Which would of course cause hardship.
2006-12-03 14:26:39 · answer #5 · answered by Me 2 · 0⤊ 1⤋
you look cute
2006-12-03 14:19:25 · answer #6 · answered by Super Socialist 1 · 0⤊ 3⤋