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Answered 2007-03-03 23:28:33
If the question is "how does a mother sign away her rights to a child before the child is born so that the father can be the primary parent?". The answer is, she can't. Mothers and fathers alike will have rights and responsibilities to their children unless the state determines them to be unfit and terminates their rights OR unless a step-parent decides they wish to adopt and papers are filed for the termination of the mother's or father's rights so that the step-mother or step-father can adopt instead. If the question regards a mother who does not want to be a primary parent to the child and a father who wants to be a primary parent (the parents are in agreement). There should be no problem transferring custody to the father with or without the court's involvement. Either parent may raise the child without interference from the court as long as the other parent agrees. However, mothers, like fathers, may be assessed for child support in this situation. In the eyes of the law, the child's best interest is what matters and if a mother does not want a relationship with her child, the court is still going to hold her responsible, financially, for that child. Also, if the child wants to seek a relationship with the mother, the court would want the child to be able to know the mother and find the mother. Only in the case of adoption either by a step-parent or by another couple will the court sever the rights of a mother or father. No action concerning custody, visitation, child support or any issues concerning the child can be or will be addressed by the court until the child is born and parentage is established.
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Related Questions
How do you sign your rights over to the father of your unborn baby?
In all 50 states, you have to wait for the child to be born before you can forfeit your rights to a child.
Is it possible for your boyfriend and father of your unborn child to sign the birth certificate if he is underage?
yes
Can a father sign over parental rights to an unborn child in Alabama?
No. The father has no parental rights until the child is born.No. The father has no parental rights until the child is born.No. The father has no parental rights until the child is born.No. The father has no parental rights until the child is born.
If your married but you and your husband are most likely getting a divorce and you have an unborn child can the father sign his rights over and not have to pay 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.
Can you sign over custody of an unborn child to a friend without your husband's consent in Missouri?
No. The child has to be born before released for adoption. The father must consent because he has parental rights that are equal to the mother's.
If a father takes a paternity test and it comes back he's not the father can he sign over his rights?
If he is not the father of the child, he has no rights to sign over.
Can a father sign over fights of child and waive child support?
no
Can my husband who is not the father of my unborn child sign the birth certificate?
Yes, but efforts are under way to pass laws to make it illegal.
You are leaving for the military how do you sign your child over to his father?
yes
If you do not know if you are the father of an unborn child can you sign over guardianship to the maternal grandmother of the unborn child?
The answer depends totally on whether or not you were married to the child's mother. Any child born to a married couple is considered to be the legal child of the husband until proven otherwise. HOWEVER, if you were NOT married to the child's mother, then you have no legal rights, even if you are the father. An unwed mother who has a child is considered the sole legal parent of that child in most states. Even if you were proven to be the father - you have no legal rights without going to court , if you were not married.
If you sign over your rights as a father in Texas when does the child support end?
It ends if and when the child is adopted.
How do you gain custody over your child if the father does not sign the birth certificate?
If the father did not sign the birth certificate, then you already have sole custody.
What does the father of the child have to do to sign his rights of the child over in the state of Florida?
see related link below
In Florida can the father sign over parental rights to an unborn child if the mother agrees?
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.
In Florida can the father sign over rights to a child to avoid paying child support?
That is the case in most states, once you sign over the rights to a child, you are no longer considered the guardian and have no legal or financial obligations to that child.
If the biological father has rights do you need his permission when adopting the child when marrying the biological mother?
You cannot adopt a child if the father still has legal rights over that child. The father would have to sign the child over to you. that is the only way you could adopt the child. marriage has nothing to do with it.
Can a mother give up her rights to the father?
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).
In Nebraska how can a father sign over parental rights to his child?
In Nebraska, a father can sign his parental rights away through the court. By signing his rights away, this does not negate him from paying child support.
Can the mother sign over partial custody of her child to some one other than the biological father without his consent even if he has never seen the child but pays child support?
No. The father must also consent. The mother cannot "sign over" the child without a court order granting guardianship. The court will require the father be given notice and the opportunity to object.No. The father must also consent. The mother cannot "sign over" the child without a court order granting guardianship. The court will require the father be given notice and the opportunity to object.No. The father must also consent. The mother cannot "sign over" the child without a court order granting guardianship. The court will require the father be given notice and the opportunity to object.No. The father must also consent. The mother cannot "sign over" the child without a court order granting guardianship. The court will require the father be given notice and the opportunity to object.
Does it cost for a father to sign over his rights in the state of Louisiana?
To the child? yes. To the father? No, as you won't get it. see link
Can a father sign over Parental rights of a unborn child?
Well, the first problem is the court of jurisdiction to approve. That would be the county and state where conception took place. Second, the court would decline the motion. see links
What does the father have to do to sign over his rights of a child in the state of Georgia?
see link below
What do you do if a mother wants to sign over her rights to you for her unborn child?
No one can sign over rights on an unborn child. If you want custody, after the child is born, if the state where the mother legally resides allows for voluntary termination of parental rights, she may petition the court for a change of custody or again, as mandated by law, you may petition for custody. There will be a hearing, and investigation and after everything is concluded, you will be given custody of the child if the court feels it would be in the child's best interests.
How do you force a noncustodial father to sign over rights if he is not seeing the child or paying child support?
You don't. He has his rights as well.
Im 23wks pregnant im still married but have been separated for 5yrs he is not the fater of your unborn child however the fathet of your unborn child doesnt want the baby and your husband wants to sign?
The law presumes that your husband is the child's father unless/until someone else's paternity is established.
