Does an umarried mother have child support rights in Florida?
I think in all states unmarried mothers are elgible for child support. However they will want to establish the legal father of the child. This is called "paternity establishment."
Paternity can be established in the following ways:
• If a child is born to an unmarried mother, she and the man claimed to be the father can sign an "Affidavit of Parentage" to legally establish the father's rights and obligations.
• The mother and the man claimed to be the father can ask a court to determine the legal father of the child. Genetic testing may be necessary to determine the biological father of a child.
Their parental rights will depend upon each situation. If the father is good and is paying child support, he should be able to get just as much parental rights as the mother.
In the state of Florida, the unwed mother is considered the natural parent to the minor child. The law in Florida gives an unwed mother all legal rights to her child.
If a father terminates his rights can he collect child support from the mother if the child lives with him?
if the mother terminates her rights can he collect child support from the mother if child lives with him?
No. Yes. If the mother is married and her husband is willing to adopt the child(ren). no
Rights as to child support and custody are no different than a divorced mother. You will need to file a Petition to Determine Paternity, which will include a determination of child support under the Florida statute (see chapter #61 - link below). http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0061/titl0061.htm
If you mean, what are the Dad's rights, he has the right to continue paying child support and the right to visitation, both as established by the courts.
You cannot do that. You can sign all rights over to the mother, but you cannot end your obligation to pay child support.
In Florida as in all U.S, states the unwed mother retains full custodial rights to a child unless/until a court rules otherwise. Paternity must be established before the assumed father can pursue any rights to the child and/or before the mother or legal guardian can petition for child support.
Normally you would not be allowed to relinquish your rights just to avoid paying support, but, you are allowed to do so if the mother doesn't want the support money.
If the father of a child gives up rights to his child in Florida does he have to still pay child support?
No, but he shouldn't try. He can file with the court to give up his rights, but it requires the approval of the mother, and she cannot be on Welfare, now or in the future. If she is, she gives up any right to child support and to making this decision.
What is Florida law on signing over parental rights do you still have to pay back child support and current child support?
First, only the courts AND the mother can allow you to give up parental rights, provided the mother is not now, or in the future, collecting AFDC. It would stop current payments, but not previously owed payments, especially if she had had collected AFDC. They have override power.
If your son was born in Florida and you and the mother weren't married and you signed the birth certificate do you have to legitimate the child?
No, but you will be obligated to pay child support without any rights. see links below
I don't see why the mother's marital status would be a barrier. However, keep in mind that signing over one's parental rights does not terminate a child support obligation.
Only if approved by the court, but the mother can file at any time, retroactive, up until the child is 18. see links below
Yes. And it's not the mother who gets his rights terminated, it is the court.
Biological mother signs her rights away to the grandmother does biological mother still have to pay support?
No,the same rules apply wether you are the father or the mother you are not obligated to pay support.
In Minnesota if you sign over your parental rights to a child do you still have to pay child support?
No, when a mother or father relinquishes his parental rights he is no longer responsible for child support.
You can sign your rights away but you will still have to pay child support if you are the father or mother of the child. There is no way to avoid paying child support.
Will child support stop if father signs rights over to mother and mother does not want child support from him anymore?
None of them can sign over anything. They can go to court and ask to have their rights removed and the custodial parent can ask to have the child support stopped but this means she can not get benefits before he has paid.
The court will decide. Giving up your rights does not fulfill your obligations to support the child. Someone has to support the child, and you are the mother.
Child support would generally go to the person raising the child. Mother might even be ordered to pay to father.
The father if he is not also guilty of adultry
Do Florida laws prohibit a single mother from keeping her child if the father wants to relinquish his parental rights?
I'm not familiar with Florida law but I'm sure the mother could keep the child in such a case.
Depends on your state. Most states will have the parent without the child still pay child support with parental rights
What rights does a father have if he abandons his child and unwed mother does not pay any support or have any contact with child?
depends on the state laws but you have visitation rights no matter if you pay support or not...check your laws
Is it possible for a parent to relinquish parental rights if uncontested by the other parent in Florida?
Yes, but keep in mind that relinquishing parental rights does not terminate support.
Yes, if the mother does not want the child and the father is willing to take the child. Then the mother may sign her rights over to the father if the father is able to take of the child. Signing over one's rights will not terminate child support obligation(s).
If illegal immigrant mother leaves country and father gives up all rights does he still have to pay child support?
If the father gave up all parental rights - then he would not have to pay child support. Plus, if the mother is out of the country and is an illegal immigrant - she would not be a part of the child support system. She would need to be in this country. But, the main things is - if the father "legally" (signed papers) to give up his parental rights, then he is not liable… Read More
Child support is paid to support the child and follows the child; it is paid to the child's custodial parent, or to a guardian. So if the mother has lost her rights, she is no longer custodial and therefore may no longer have charge of the funds. Child support will still have to be paid though and this time also by the mother, to the one now taking care of the child. If the child… Read More
see links below
Unless the couple are married the alledged father has no rights to a child therefore cannot relinquish such rights until the child is born and parentage is established to the satisfaction of the court. Likewise, custody, visitation and child support issues cannot be addressed until parentage is established through paternity testing.
If the mother in question is financial able and has shelter and means to support the child then most definitely.
Yes, but keep in mind that relinquishing parental rights does not terminate support.
If you're the father, and the mother is attempting to deny you visitation rights, you need to get a lawyer and take it to court. If you're the mother, and you'd like to deny the father visitation rights, you need to get a lawyer and take it to court. Child support is an entirely separate issue. It has NOTHING to do with visitation or custody rights. You are obligated to abide by the court orders… Read More
If a man signs over his rights to a child that is his Will he still have to pay child support in the state of Missouri?
he will have to pay back child support if owed unless mother agrees not to or he will have to pay back support if owed to state like if mother was on state aid,but no he will not have to pay for future support
Having a child is a responsibility which you must continue to pay for, rights have nothing to do with it.
Yes the mother can be a minor and petition for child support. She has the same rights as an adult in that case. Or I should say the child has the same rights regardless of how old the parents are.
The court and the mother have to agree to that you do this and you continue to pay child support incl the back support if there is any until the child is adopted. You will no longer have any rights to the child.
If the father does not pay child support for more then a year can the mother get full custody or can she get the father's parental rights revoked?
Yes as the father has become a defaulter then the mother can get full custody and have the parental rights of the father revoked.
No. If her parental rights have been revoked by the court she would not have custody of a minor child and therefore not eligible for funds to support that child. If child support were being paid before the mother's rights were terminated that support now belongs to the person(s) or agency having legalcustody of the child.
One parent can not take the other parents rights away. The parent has to relinquish their own rights.
1) to pay support; 2) to petition the courts for visitation
No, she forfeits her parental rights.
yes, unless/until the child is adopted
He has the right to pay child support and petition for visitation.
An unmarried father cannot "choose" to not pay child support. The laws in every state require that a father pay for the support of his child. The mother must bring an action to the appropriate court so that a child support order can be established. Visitation rights are separate and a father can have visitation rights established by the court. Visitation rights are not dependent on paying child support.
First, without a court order, the mother cannot prohibit the father from seeing the child. If he has not voluntarily given up his rights to the child, and a judge has not created a custody schedule, the father has as much right to see the child as the mother. Second, if the father does voluntarily give up his parenting rights, or a judge does involuntarily remove his parenting rights (or awards full custody to the… Read More
Yes, but the mother/father has to agree. In general, parental rights are terminated either preparatory to an adoption, or after a trial in which it is determined that the parent is unfit. In any case, termination of parental rights does not, in itself, terminate child support.
In general, parental rights are terminated either preparatory to an adoption, or after a trial in which it is determined that the parent is unfit. In any case, termination of parental rights does not, in itself, terminate child support.
If the father does not request a DNA test, the mother holds all of the parental responsibility and rights. The mother cannot request child support. The father cannot request custody or visitation.