QUESTION
Can a parent sever his parental rights before a baby is born?
Asked on Mar 06th, 2014 on Child Custody - New York
More details to this question:
There is a 6 months pregnant girl, the father is denying he is the birth father. And with no DNA test or paternity test done yet, he is stating he is going to terminate his rights so he doesn't have to pay child support.
9 ANSWERS
He cannot terminate his responsibility if in fact he is the father.
Answered on Mar 06th, 2014 at 9:52 PM
Business Law Attorney serving Columbus, OH
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Robert A. Bracco & Associates
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If the parties were never married and a child is born out of wedlock and he has never established parental rights in court, he has no parental rights to give up and the Mother is the sole legal custodial parent. However if he is established as the biological father of the child the mother can seek child support from him whether he has any parental rights or not. She can go through the local child support enforcement agency after child is born to help her establish child support from him or through a private attorney, or through legal aid if she qualifies.
Answered on Mar 06th, 2014 at 9:51 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Let him try, it won't happen. She should get a lawyer though to go after the poor excuse of a man to make sure he knows he is going to pay the child he helped create.
Answered on Mar 06th, 2014 at 9:51 PM
He cannot just terminate his rights. And when the baby is born he must help support the baby. Mother needs to get the paperwork from Child Support Services and be ready to file it as soon as the baby is born.
Answered on Mar 06th, 2014 at 9:51 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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No, you can't terminate your parental rights so you don't have to pay child support.
Answered on Mar 06th, 2014 at 9:50 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Not so fast, buddy. First, a DNA test will be ordered (and will be if either parent brings a parentage action or if the state brings one). Second, you can't just give up your rights unless someone else wants to adopt the child. You will have to pay child support.
Answered on Mar 06th, 2014 at 9:50 PM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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No a person cannot surrender his or her parental rights until after the child is born, and only in limited circumstances, such as for an adoption.
Answered on Mar 06th, 2014 at 9:49 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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There are no rights to terminate until the child is born. He has no rights or duties unless he registers with the paternity registry, or after the child is born signs a statement of paternity, or the court establishes his rights after the child is born.
Answered on Mar 06th, 2014 at 9:49 PM
Bruce Provda
No this is not possible until the child is born.
Answered on Mar 06th, 2014 at 9:47 PM