Custody

No; after the child turns 18 there's no more child support. That assumes support stops when the child reaches 18. In another hypothetical there is the case where the paying ex spouse, has arrears that have accrued until child reaches 18. Mother, then files for relief to collect those liquidated but not ongoing arrears and for contempt. Husband makes some post decree payments and due to business debt etc he file a ch 7 petition and lists the Wife as a creditor. Ex Wife gets notice of the bk and fails to file anything, no proof of claim, or objection to the discharge and no adversary proceeding. After the debt is discharged in the ch7, ex-wife files for relief to enforce the court order that was dishcharged--husband files a motion to quash claiming that a claim fo arrears of child support after the child reaches 18 is in fact a liquidated claim. As a result, it is subject to dishcharge on these facts.

Agree? cites in code and / or case law.


Disagree? cites in code and / or case law.

Yes, if there is an active support order in place the obligated parent must adhere to the terms or risk being found in contempt of a court order. Child support and visitation are two completely different issues and the non compliance of a custodial parent to allow the other parent visitation has no bearing on the child support obligation. A parent who wishes to have contact with their children and is not able to do so, should consult with qualified legal counsel or agency for assistance in obtaining an order of visitation, compliance to an order of visitation, domestic mediation on the matter or other available options.

The concerned adult should contact the state agency that has jurisdiction in such matters and file a report. A report can be made anonymously if the person is worried about possible repercussions from the individuals that are allegedly commiting the neglect and/or abuse. In some states that agency will be, the department of children and family services (DCFS) or child protective services (CPS) or the department of health and human services (DHHS) and so forth. Consult the "blue pages" of your local phone directory under state government.

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.

Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child.

A request must be made of the court to override his power to object, or to remove his parental rights and responsibilities. Because most countries, including the US, do not honor the Hague Treaty when it comes to custody rights claims made by fathers with foreign orders, there must be a limit on allowing these passports to be granted. Only Cuba, who did not sign the Treaty, honors foreign orders equally, regardless of the gender of the claiming parent.

How does a parent in Florida legally terminate the relationship between himself and his adult child? Is it s form of divorce, renunciation? What are the legal documents to proceed with the case?

It depends upon a lot of factors - where you live, rather or not the mother is agreeable to his name being placed on the birth certificate, if there is already a father listed on the birth certificate, if the mother was married to someone else at the time she gave birth, etc., etc.

No, custodial rights to minor children are a civil matter and under the jurisdiction of the state of residence. Regardless of the legal status of the mother, she still has legal rights to her biological child unless a court rules otherwise. Likewise, an unmarried female, regardless of her legal status, is presumed by law to retain sole custodial rights to the child until the father establishes parentage and is awarded joint or full custody by the court or refused custodial rights.

If the child is definitely yours, then certainly.

Try to stay calm and let the mother of your child know ( that is if your on good terms) to not let the boyfriend physically discipline your child. Express how spanking is not a healthy way of discipline in the first place. Elaborate on the effects of such behavior such as rebellion from the child, resentment toward the mother from the child for letting her boyfriend carry out these unsolicited and inappropriate acts of unofficial stepfather aggression. Whatever it is he may have a issue with that would dry him to think he needs to do that needs to be handled by the real father, but no spanking. There are alot of repercussions for child abuse minor or major. This subject should be raised to the boyfriend and leave it up to his imagination to come up with what they are whether it comes from the law or the real daddy-there are consequences. ( Maybe real daddy should evaluate why he's not there to take care his own child )

It is not easy to voluntarily surrender parental rights. If it were, there would be long lines of people trying to do it in an attempt to avoid paying child support. However Georgia law does have these provisions:

Your parental rights may be involuntarily terminated for the following reasons:

Commission of a violation of the Georgia domestic relations code to effect an involuntary surrender. The court may surrender parental rights without a petition or voluntary consent if the following situations are present: child is abandoned by the parent, parent cannot be found after a diligent search, parent is insane or parent has abused or neglected the child. In any of these instances, the court will terminate the parent's rights if it is in the best interests of the child under Ga. Code Title 19 Sec. 8 § 19-8-10.

Voluntary termination may occur if the child is placed in a state agency or put up for adoption pursuant to Ga. Code Title 19 Sec. 8 § 19-8-4. This statute also applies if the mother marries and her husband wishes to adopt the child.

You also have the option to petition the court to surrender parental rights. If a voluntary written waiver is not an option and you do not fall within one of the above categories for involuntary surrender, you may draft and file a petition to surrender your parental rights. Your petition should set forth facts as to why a termination of rights is in the best interests of the child not in your best interests (ie, you don't want to assume parental responsibility). The court will make a decision based on the facts set forth in your petition. (See, Ga. Code Title 19 Sec. 8 § 19-8-11 ).

If the courts find that such termination would not have good cause or not be in the best interests of the child, your petition may be denied.

The child can chose to live anywhere they want to live in the state of california when they turn 18

At 18 years old.

This is an issue that's frequently brought up, along with the right to choose what parent they wish to live with.

This issue particularly arises as children enter their teen years. They don't want to be required to spend time with a parent, either parent. They think of themselves as almost adults, and thus can make their own decisions.

The main issue here is not their right in choosing to spend time with the other parent, but their right to ignore and dishonor the authority of the family court. One has to wonder how many males that ignore child support orders were raised to believe it okay to ignore any family court orders, which includes the visitation orders?

If a child, whether by choice or through the influence of a primary parent, doesn't wish to spend time with the other parent, this issue has to be first brought before the court for consideration. The child can explain to the judge, outside the presence of either parent, why they feel it's in their own best interest as to why they no longer have a need for the parental influence of the separated parent?

see links

In the United States, you do not need an attorney to file a motion to a court. However, if you want it done right and you want to make sure the judge pays attention to it, it helps. It especially helps if you want to be sure that you are filing the correct motion.

When they are 18.

Yes or if the child is harmed the step parent can get full custody

YOLO

By petitioning the family court in the jurisdiction where the child resides providing compelling reasons why rights should be terminated. You should be aware that relinquishing parental rights does not relinquish the obligation to pay child support or meeting other parental obligations, unless the child is being adopted by another adult willing to assume those responsibilities.

At 14 your parents are responsible for making the desicions for you unles the state has apointed you a guardian.