Child custody/support obligations are governed by state statutes. Generally speaking any parent who reliquishes permanent custodial obligations is also relieved of monetary obligations. That, however is contingent on the laws of your state and the ruling of the court.
In most states no matter if it is an agreed voluntary signing over the father will still have to pay child support until the child is officially adopted. I actually went through this with my ex and they told him until our daughter is adopted he will pay child support.
You have 2 choices; Write up a document saying that he wishes to give you full rights, and he signs it, with 2 other witnesses signing, or go to a judge, and get him to endorse a legal document, but remember, once this is done, you are no longer entitled to any child support. * The biological parent wishing voluntarily relinquish rights to a child must file a petition for the Termination of Parental Rights in the circuit court of jurisdiction. The procedure must be done through the court and must be granted by the presiding judge, the decision will be made only on what is in the best interest of the child not on the preference of either parent. In most states TPR is granted by the court to allow a child to be eligible for adoption by a parent's new spouse.
The terms of a TPR petition are decided by the presiding judge and not based upon the ability of a parent to pay or not pay.
It is legal in ALL 50 states for a judge to order a parent who is non compliant to a court order of child support to obtain employment or face being incarcerated.
Likewise, unemployment compensation, SSD, SSI, SS, and private disability and pension benefits are subject to court garnishment for child support in ALL 50 states.
There must be a court order terminating parental rights. A person cannot sign over their rights to another -- the law does not recognize such a procedure. Until the court issues an order, the father has retained their parental rights, and child support payments will need to continue according to the court order. If parental rights are terminated, there are no child support payments required
Having a child is a responsibility which you must continue to pay for, rights have nothing to do with it.
Not usually. It would require the approval of a competent court and judge.
Yes, he does.
yes, unless/until the child is adopted
He's not required to give up his parental rights unless the court has found him to be an unfit parent. You might point out to him that he most likely will not have to pay support for the child ever again.
It doesn't matter to whom you are married as long as the father is listed on the birth cerificate. You need to go down to your local family court courthouse and obtain the paperwork to file for a child support hearing. Then you will go through that process, with or without a lawyer, and a child support order will be issued and then the father will be legally responsible to pay you child support.
No. He can sign over his rights but he would still be liable to pay child support. The only time he doesn't have to pay child support is if a stepdad wanted to adopt the child, then the biological father doesn't have to pay child support if he signs his rights away.
Paying child support will not cause the father to lose his parental rights - neither will not paying child support.
Are you asking what rights does he have over the child? He is the legal father unless he signed something. He could do various things like have or fight for full custody or partial custody of the child. Just because you are or someone is married and they have a kid with someone else does not mean they have no rights they have the same rights as if the father was the husband. Also just my opinion every father should be able to have at least partial custody if they want it and I don't mean once every month I mean 50/50. The same with mothers. Answer 2: The new husband does not have parental rights unless the biological father gives us his rights. The best thing to do is seek legal counsel, ultimately courts will decide.
He's not required to give up his parental rights unless the court has found him to be an unfit parent. You might point out to him that he most likely will not have to pay support for the child ever again.
You have no rights in the paternity suit. You ARE NOT biologically involved. The only rights you have is if you want to divorce your husband for adultery and if you have any children with him, for support/alimony.
Your husband can only adopt if the girls father willingly gives up his parental rights or the court terminates them. As her dad he will pay child support until the adoption is through. Then your husband have that responsibility and parental rights just like you. So see what your ex wants. The court stops child support etc when the adoption is through.
No. He can sign over his rights but he would still be liable to pay child support. The only time he doesn't have to pay child support is if a stepdad wanted to adopt the child, then the biological father doesn't have to pay child support if he signs his rights away.
It doesn't matter to whom you are married as long as the father is listed on the birth cerificate. You need to go down to your local family court courthouse and obtain the paperwork to file for a child support hearing. Then you will go through that process, with or without a lawyer, and a child support order will be issued and then the father will be legally responsible to pay you child support.
Sole even if he was still shacking up with you
Sure does, he is the father.
Paying child support will not cause the father to lose his parental rights - neither will not paying child support.
Yes, but note that step-father does not imply any legal rights as far as guardianship, support or inheritance rights go.
Your husband has no rights over the child because he did not help in the creation of the child, but he can legally adopt her.
The father can file for paternity rights.
No. He can sign over his rights but he would still be liable to pay child support. The only time he doesn't have to pay child support is if a stepdad wanted to adopt the child, then the biological father doesn't have to pay child support if he signs his rights away.