parental rights.?

Question

if a parent decides to give up their rights do they have to have the premission of the other parent or do they just need to get a lawyer and go to court? if the father didn't sign the birth certificate and doesn't care whether the child is his or not but would like to give up any rights he may have if the child were his what would he have to do? Does he have to take a DNA test and then give up his rights? It's really a confusing situation I need to find some answers for thanks.

ok so say he does the DNA test can he then choose to sign his rights away?

i guess i'm not explaining it right. my fiance's ex is claiming that the baby she just had is his. he would like to get her out of our lives. she is unbelieveable she has been told by the police to never contact us again because she was harrassing us and she has still tried to through the internet. her mother too. anyways he said that even if she takes him to court for a DNA test he would not like to be in the childs life and would like to give up his rights. my question is can he do this? give up his rights? i was under the impression that the father or mother could choose to give up their rights at any time.

Answer 1

In Idaho someone has to be willing to adopt the child. I would call the child support office in your state. They could give you basic information concerning this or tell you were you can find out.

Good luck.

Answer 2

A father can't just choose to sign away rights. Unless there is another father there to step in an adopt the child (or family). If you give up your rights to visits you may still be required to pay child support until the child is adopted. Yes you need to get a DNA test before you can do anything. You can't sign off on someone elses child. Think of it this way, when a child is put up for adoption the father and mother both must sign off. If the father is not known then the adoption isn't finalized unless the court says the childs father has abandoned the child by not coming forward. Usually a letter is put in the paper looking for the father and giving time for him to come forward and the mother is told that she needs to try to contact the father is she can. If the father doesn't sign off and these steps aren't taken then the adoption can be appealed later by the biological father.

Answer 3

It is probably different in each state. Try calling your local family and child protective services. However, I might be able to answer some of this for you. If the couple is married usually the husband is assumed to be the father, in which case giving up his parental rights would be difficult if they stay married. If they are married and he leaves and wants to relinquish his rights she better get a lawyer...FAST. That means no child support, no contact no nothing. If the couple is not married and he can assume parentage and he wants nothing to do with the infant issue (in for the fun and not for the long run) assuming she knows him to be the dad he can not sign off without her permission. If they both agree this is the best thing than you would take it up with the above mentioned family agency. Just because his name is not on the birth certificate does not let him off the financial hook. And if he does not relinquish his rights he can decide 5 10 15 years later he wants visitation, offer the DNA tests and get his "rights". Also, assuming that this child is out of wedlock and the mother chooses to keep the child and later marries and her new husband wants to adopt the child it might be necessary to track him down than and ask to have his rights removed. This can be very uncomfortable for everyone, especially the child who couldn't pick his parents.

Answer 4

I am going to assume you are the mother and the father has told you he wants nothing to do with the child?!

I am in no way up with the legalities of these sorts of things, but, if the father has said he wants nothing to do with the child then i would seek legal advice and have him sign away his rights so it doesn't come back and possibly bite you in the *** when the child is older.

He might say that now but who can guarantee what someone will feel in 5 or 10 or 20 years time - i have heard of this happening all over the world.

Not sure about the dna part of it which is why probably best to seek legal advise from a lawyer who has worked on these type of cases before.

yes a parent can sign away their rights.

Answer 5

If the father didnt sign the birth certificate then by law the child only has one parent. So therefore that parent can sign their rights away. Unless the father finds out about it and demands a blood test. If not like i said the mother can sign the rights away.

Answer 6

however complicated it may be, you shouldn't be trying to figure out ways for your fiance to go to court to give up his rights as a parent. if its that easy for him to decide that with another woman, he can do that when its your time. sure the other woman is crazy but an abandoned mother usually is. there are ways to keep her from harassing you alone, there are still ways of him being a part of th childs life with that same protection. Being a fiance is not protection from being abandoned. there are women who get divorced when a child comes into the picture. unless you don't want kids you should reconsider your relationship and your fiance. that child needs him not the drama. giving up rights should be the last thing to think about i think he just don't wanna be a dad all together

Answer 7

if after the dna test he is the father he would have to go to court and a judge would have to ok him doing it, but a judge wont allow him to sign away his responsibilities (child support) if you are not ok with it and if you can't support the child on your own...basically No, unless you can prove that he is not needed when it comes to the supprt of your child. He can decide to not be a part of the childs life but he would still be responsible for support....after further reading the rest of your question i think you should take in to account the child, if your fiance slept with this woman it is his responsibility to do the right thing...the mother might be a pain but the child is innocent and shouldn't miss out on things because his/her father moved on. he still did the deed....you should be concerned with the fact that you are going to marry this man who would have a child out there and want nothing to do with them. i think the 2 of you need to take a class on Ethics

Answer 8

If you mean placing the baby for adoption....then yes, the father has to give up his rights too...if he claims paternity of the baby, then no he does not have to take a DNA test...but if he doesn't and you say he is the father, then yes he has to take a DNA test...any other questions, feel free to email me...

Answer 9

Hey Jess, this situation sounds familiar to me, do you like cookies? Sorry if you don't have a clue what I'm talking about, but you sound like someone I know (who happens to be named Jess).
Anyway, like I told "my" Jess, you need a lawyer's help. The guy who is prob the father doesn't have any rights until his paternity is proven, and then he needs to pay up on support if he wants to be in the baby's life. You may be able to get him to give up rights w/out a pat.test, but you'll have to get some real legal advice for sure.

Answer 10

if a father didnt sign the birth certificate then he has no rights at all. But if a father that did sign wants to give up rights, then he has to have permission from the other parent and then go to court to erase his name. it is confusing but thats what happens.