My best friends baby daddy wants nothing to do with her daughter and claims its not his. Hes not paying child support so they govt is taking it from his checks. he did not sign the birth certificate, has never seen the child and he is 2 years old now. if he signs over his right which he is planning to do does he still have to pay child support?
2007-08-16 03:31:04 · 6 answers · asked by Ladels Mommy! 3 in Politics & Government ➔ Law & Ethics
Once he signs over ALL rights to the child he will NOT have to pay child support even if it is proven that the child is biologically his. However, the only way he can sign over all his rights is if the mother allows him to. If she wants him to continue paying child support she can get a court order for a paternity test etc. and he will have to pay child support no matter if he wants anything to do with the child or not.
2007-08-16 03:39:34 · answer #1 · answered by Anonymous · 2⤊ 4⤋
When one relinquishes rights to a child, that person no longer is required to legally provide any kind of support. The child is essentially given up for adoption.
Whether or not the parent who has relinquished rights wants to still have contact with that child is up to the adopting party. There is what is called "closed" and "open" adoptions. With an open adoption, contact with the biological parents, even if they have relinquished rights, is allowed. This is determined by all parties involved in the adoption.
2007-08-16 03:51:40 · answer #2 · answered by Kerry 7 · 2⤊ 1⤋
He cannot just "sign off" on all his rights; he would have to go to Court and get a DNA test to prove the child is not his.
If he is the biological father, even if he has no desire to see the child, he still has to pay child support until the child is 18. He can agree to allowing the mother sole custody and not request any visitation, but he still has to pay child support.
It is not at the mother's sole discretion as to whether or not she is agreeable to allowing him to sign off on all rights; it is up to the Court to determine what is in the best interest of the child, and as you indicate your friend is on welfare, they are not going to allow him to sign off on his financial obligation because that is not what is in the best interest of the child.
He will not be able to terminate his rights unless your best friend gets married and her husband wants to adopt the child; in that instance, any and all of his right and obligations (including child support) and the new man in her life would be the legal father (and if they got divorced, the new father will be legally obligated to support the child until she is 18).
2007-08-16 04:11:33 · answer #3 · answered by bottleblondemama 7 · 1⤊ 2⤋
I agree with everything that Bottle blonde said, except the part were the mother can not obsolve the father of responsibility at her discretion. I think that might be a state law because that is allowed in my State
2007-08-16 05:18:16 · answer #4 · answered by frosty62 4 · 1⤊ 0⤋
no, the man who adopts the child will be legally his father. it's horrible when a man don't want anything to do with his child. tell your friend to enjoy and teach him the baby well. god bless them both.
2007-08-16 03:39:21 · answer #5 · answered by Anonymous · 2⤊ 0⤋
no
2007-08-16 03:35:47 · answer #6 · answered by ? 7 · 2⤊ 1⤋