At what age can a child decide to move out of state and live with their biological father?
The court does not allow a minor child to arbitrarily change residency from one custodial parent to another unless there is a court order allowing the action. The parent wishing to take custody of the child must file a petition for such in the appropriate state court in the city or county where they or in some cases the child resides.
If the biological father is not listed on the birth certificate what rights does he have over the child in the state of Texas?
Can father relinquish parental rights in the state of New York and wouldn't have to pay child support?
Only if the child is adopted or the mother decides to drop it. if she does decide to drop it she can still ask for it whenever if she needs financial support. The state is not going to pay if she needs help and you are not paying child support. It's first and foremost the biological parents obligation to pay for their child.
If you died would your son be taken away from his step father and step brother and returned to his biological father seeing as legally he is not my husband's baby or does marriage bring rights?
Marriage by itself does not bring custody rights to non-biological children. Where the children go when the biological mother dies depends on who has custody, whether the non-biological father has adopted the child, whether the biological father wants the child, and on the laws of the state where all of this is happening.
Can you still receive child support from the alleged father if another person's name is on the birth certificate?
No, the father on the birth certificate is financially responsible unless proven that he's not the father by DNA. About 12 years ago in the state of NJ The court ordered me to pay child support to the biological father (Dna test showed I was not the biological father) The court called me the psychological father so in the courts opinion I was her father. And like the biological Mother he also drank it away.
If you were never married to the father of your child and there is not a court order for visitation would a judge remove the child from your custody if you move out of state?
No. If there is not a custodial order in place the law presumes that an unmarried mother has full custodial rights to her child and does not need permission from the biological father or the court in matters concerning the child. In addition, when a child is born out-of-wedlock the biological father must establish paternity before custodial, visitation and child support can be addressed.
Is there a legal form on the internet a biological father can sign to give up his rights to the mother of the child?
Is a child who was adopted after the biological father signed over parental rights entitled to any of the biological father's estate?
Depends on the circumstances. Please consider the situation. The biological father is living with the mother and child/children, therefore he is (or should be) aiding in the support of the household. If the father is not living with the mother and child the mother can and should file for support regardless of the status of her current relationship with the biological father. If you are referrring to state aid regarding the care of a minor…
That depends on state law where you live. Where I live, if the man has reason to believe he is indeed the biological father, he can petition the court of jurisdiction for paternity testing to establish it. Once he has been established as the biological father, he can file a motion to amend the birth certificate based on the same.
You should definitely file for a child support order. The court will decide on the amount according the the state child support guidelines. A father who doesn't work is still responsible for supporting his child. If you obtain a child support order now, it can be modified when he gets a job. You should definitely file for a child support order. The court will decide on the amount according the the state child support guidelines…
If a biological father pays child support and gives up his and the mothers fiance adopts the baby will the biological father have to continue his arrears and future child support payments?
In all U.S. states the biological unwed mother is considered to have sole legal and physical custody of her child. If the biological father wishes to assert his parental rights he must first establish paternity to the child in question and petition the court for visitation privileges or custodial rights. If the mother wishes to pursue child support for the minor child she must show proof of paternity (signed birth certificate, or notarized affidavit for…
If you are not the biological father of a child but the parent wants child support would you be liable in the state of Nevada for paying child support?
When the non custodial parent moves to a different state has went 6 plus months without seeing child and does not pay child support are they considered a legal stranger to the child under 3?
You need to see a lawyer. Look for "Legal Aid" in your state as they offer free or low-cost legal advice. If someone is the "biological" father, he doesn't adopt the child, it is his child. He is legally obligated (in the USA) to provide support (money) for the child's needs. The only exception is if the mother was married to another man at the time of the birth, then legally the husband is considered…
If there is joint custody of the child then the father should be told by the mother where she is going with the child and for how long. If the mother wants to live in another State the courts will have to decide visitation rights. Example: The father has may have the child one or two weeks during the summer; possibly Christmas or alternative Christmas', etc. If the father does not have joint custody then…
Does the husband need to be served in order for the court to ask for child support from the biological father?
It can be very complicated depending upon the laws of the state in which the couple reside and whether or not the biological father disagrees with the adoption. If the child is a result of an affair during the marriage, the court rarely intervenes if the husband accepts the child as his own, even if the biological father files for parental rights. If the child was conceived out of a relationship before the woman married…
In the state of Massachusetts if a biological father is unaware of a child and the child is adopted by his stepfather is the bio dad responsible for any back child support?
Well if the Bio father is unaware of the baby then I don't believe he has to pay child support because the mom decided that the father didn't need to know about the child and if the child is adopted (like me) either by a step dad or by a different set of parent AND the father know about the child Then the father would need to pay back child support.
No, an obligated parent is only responsible for the support of his or her own biological or adopted child. The father of a pregnant minor is not financially responsible for her unborn child. However, the father of the unborn child is responsible for its support, even if he is a minor. The individual circumstances and the laws of the state will determine the extent of his obligations.
If a man learns that a child is not his biological child, the next steps depend partly on the state laws and marital status. If a man was married to the mother of the child, and living with her at the time of conception or birth, then he is the unquestioned father of the child in nearly every state. Most states do not give a man an 'out' from child support if the child is…
Your actual father (biological father or husband of your mother at the time of your birth) does not need to adopt you; you are already his child. What is usually more relevant is "how does your step-father adopt you" or "how does your dad get exclusive custody of you." The answers to these questions differ greatly from state to state and country to country.
How long does a biological father have to claim the child before he loses his rights in the state of Louisiana?
Is a biological father exempt from paying child support if the child's surname is changed to a step- father's surname?
No - the child's name is irrelevant to this. But, he has the right to sue to change it back. If the name was changed legally, then the biological father would have had to have given up his rights so that the child could be adopted by the stepparent. Depending on the state, county, etc,..... he may not have to pay.
What if father finds out he is not the biological father and the real father wants to take rights and I am with neither?
You can give your child any name you want. The father is the only one who can add himself to the birth certificate however, so just because you give your child his last name does not mean the state will recognize him as the father and hold him responsible for the child in the absence of a paternity test or admission of paternity from him.
Yes, if the court finds such an arrangement would be in the best interests of the child. The custodial parent would need to file for transfer or modification of custody, a hearing will be conducted and the judge will decide based on the outcome. Even if the biological father does not want the child, if he has been established as the legal parent, his permission would be required unless his parental rights had been involuntarily…
If the mother lives in different state than the father can she file for custody of child without father knowing?
No. Biological parents must be notified when the issue concerns minor children of which they share custodial rights. If the couple are not married the law presumes that the mother has sole custodial rights to the minor child/children until legal procedures are followed that might allow the biological father custodial and/or visitation rights.
How can you allow visitation by the biological father with his child who has been adopted by the spouse of the child's biological mother?
There are no laws that would prevent the child from vistation with her biological father as long as her custodial parents agree. The biological father has no legal grounds to seek vistation or custody if the adoption were done according to the laws of the state in which it occurred. Visitation must be voluntarily agreed to by the custodial parents and the child under the terms that they establish. The visitation rights can also be…
That depends on the child support laws of your state and how long you have been the legal or presumed father. In most states if you have been the legal father for at least four years it does not matter if you are not the child's biological father. You will still be held to be the child's legal father and required to pay child support unless you can locate the child's biological father. You have…
If you are legally married to an absentee spouse but have a child by another man and paternity has been established is the father of the child obligated to pay child support?
Parents of minor children are legally required to support said child/children regardless of the circumstances surrounding the matter. The biological father of the child in question must be financially responsible for his child according to the laws and ruling of the court of the state in which the child is a resident.
Does the biological father of a child have any rights to a child if birth mother and presumed birth father put child up for adoption?
Yes. The child cannot be put up for adoption unless both biological parents give up their parental rights so unless you have done that the child can not be adopted unless the court strip you of your parental rights. Her boyfriend or "birth father" as you call him, has no rights to the child at all and can not put the child up for adoption. If you have not established paternity in court and got…
In Tennessee would it be easier to obtain custody of a child from a prior relationship if the father of the child were to marry?
Does a biological father have any custodial rights if his name is on the birth certificate in the state of Florida?
Yes he does. If he wants to see his child he needs to go to court to set up legal visitation and support of the child. If he refuse's to comply with the court on child support they could pronounce him the father and he would have to pay child support anyway. Most fathers are having DNA tests done in the hopes of getting out from under child support and it works if they are…