He's been thinking in about giving his rights up. Ok my question is can she come back and get him for child support if he signs his rights over? Only serious answers please i dont have time for someone to be an asshole on here thanks
2007-08-13 15:32:09 · 25 answers · asked by armywife063006 1 in Family & Relationships ➔ Marriage & Divorce
she had the baby and has yet to have a DNA test done. We all live in GA. And shes trying to tell me and my husbang that I can't have anything to do with this child. Which isnt going to happen seeing that we are married. But its not going to happen i hate to tell her.She has said here lately that shes going to have a DNA test done when she gets back (she in Iraq right now too) but shes said this the whole time. But the catch is she says she doesnt want Child Support which to me makes no since. This is why i ask this question. Thank you for the ones who gave honest answers
2007-08-14 03:19:36 · update #1
in some states yes she can. signing away parental rights only means you have no decision making abilities what so ever in this child life but it doesn't relieve you of the financial obligation
2007-08-13 15:38:51 · answer #1 · answered by antoinio i 4 · 0⤊ 0⤋
Not being an ***, but he can't just sign over his parental rights honey. Especially in the midst of a war. With both of them being in the military, federal law doesn't allow for them to be served civil papers on deployment, waiting for deployment or on active duty. On top of that, even in civillian life, a parent can't just relinquish parental rights. There has to be just cause, and that is determined by the courts, not the parents. Which means he has to be abusive, neglectful, a substance abuser or worse. Quite frankly, that doesn't sound like the kind of person you would marry. I know child support and visitation may be an inconvenience, but this child did not ask to be here. It's not fair that someone would want to do this to his own flesh and blood. That child has two parents and that child deserves to know both parents...no matter what the case may be. Please put some more thought into this. In time, the payments/visitation will have come and gone, but the guilt he'll feel and the anger his child will feel will last a lifetime.
2007-08-13 22:45:34 · answer #2 · answered by Hollynfaith 6 · 1⤊ 0⤋
Yes, because he can never sign away the fact that he's a child's father. He has the legal responsibility to help care and support that child until the child is 18 or whatever age. Now "adoption" may be a whole other matter if the mother is married and her husband adopts the child. Having said that, this is not a question for your dear friends and helpers on Y!Answers to answer. We can guess. You guys need the advice of an attorney and you are also going to need intense counseling. Best wishes. I wish you weren't going through this.
2007-08-13 22:41:44 · answer #3 · answered by Darby 7 · 1⤊ 0⤋
She can only get the back support he may owe once he signs off his rights. That said at some point if he wants to pick up his rights again after a few years he can do so, but there may be some legal issues with it. Consult an attorney for better details. I do know that she can only take back child support from the time he signed off rights.
2007-08-13 22:37:30 · answer #4 · answered by Carrie C 2 · 0⤊ 0⤋
If he signs away his rights, she should not be able to file for support however, there is a child involved plus, he is in the military.. speaking from personal experience with my husbands friend. He cheated with his wife and the women he cheated on his wife from is also in the military. The mistress recently had the baby but she can't tell no one who the father is because he could get into alot of trouble. I think that he could loose a rank, but I have to find out more details before I can really say what would happen. Good Luck to you!!!
2007-08-13 23:07:57 · answer #5 · answered by Vicky 6 · 0⤊ 0⤋
That depends upon the state they reside in. In California signing away parental rights does not sign away child support. And if your time is so precious then WHY are you here asking questions to begin with?
2007-08-13 22:36:21 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I don't think he can sign his rights over unless she has someone to adopt the child. The gov. doesn't want to raise these kids so they expect a mother and father on the birth certificate to take responsibility.
She can get back child support at any time, I think.
2007-08-13 22:42:31 · answer #7 · answered by Anonymous · 0⤊ 1⤋
Ok, to give you a serious answer, if he signs his rights away, then she cannot legally come after him for child support. Once you sign your rights away, that's pretty much it. And let's say he did that she did try to file for support, the judge would throw the case out.
2007-08-13 22:59:32 · answer #8 · answered by suzlaa1971 5 · 0⤊ 1⤋
Depend on state issues but most of the time no. I would check with the welfare office in whatever state you are in they can probably tell you. My husband has a daughter with some one else, has seen her once in her 9 years of life and still has hopes that she will seek him out someday( her mother won't allow visitation and moved wihtout notifying my husband) is he sure he wants to do this? It may not be worth it in the long run. Also the mother has to agree to let him give up his rights.
2007-08-13 22:40:15 · answer #9 · answered by insanityx2 2 · 0⤊ 1⤋
Sweet Pea yes he will still have to pay up to the time he gives up his rights. The law sees it this way the child still needs to be supported and they can make him pay but you have to have a good attorney to file a motion on giving up his rights. Good luck!
2007-08-13 22:37:47 · answer #10 · answered by b n real 4 · 0⤊ 0⤋