QUESTION
If a father signs over his paternal rights to another man, is he still responsible for the child?
Asked on Sep 02nd, 2011 on Child Custody - Connecticut
More details to this question:
I have a friend who is in a relationship with a woman with a child. The child has a heart defect and needs a lot of medical attention. This woman has convinced my friend that she can get the biological father to sign his rights over to him and still have to pay child's support. I just need to know if this information she is giving him is accurate, or if it's just a ploy to get him to become financially responsible.
15 ANSWERS
Administrative-Regulator Attorney serving Seattle, WA
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Law Offices of Karen A. Clark
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Your friend needs to proceed very carefully because this situation is not as simple or as straightforward as the girlfriend has presented. In general, if your friend is not the child's biological parent and he has not adopted the child, then he has no legal obligation to provide for the care and support of his girlfriend's minor child. Depending on several factors not outlined in your question, the relinquishment of parental rights could result in the termination of child support obligations. I would suggest that your friend immediately consults with an attorney.
Answered on Sep 12th, 2011 at 3:29 PM
Immigration Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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Once the parental rights have been terminated then a parent will not continue to accrue child support obligations.
Answered on Sep 06th, 2011 at 1:54 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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A parent can only "sign over rights" to someone else if the "someone else" is attempting to adopt the child. Once the adoption is granted, the adoptive parent assumes full financial obligations and the bio-parent loses any obligation. Without an adoption, the bio-parent cannot relinquish financial obligations or "sign over rights" to someone else. Children are not like cars - they don't have a certificate of title that can just be transferred!
Answered on Sep 06th, 2011 at 10:00 AM
Steven D. Dunnings
A parent cannot just "sign over" his parental rights. If there is a step-parent adoption proceeding pending for the non-biological person to adopt the child, then yes.
Answered on Sep 05th, 2011 at 7:43 PM
The biological father can agree to terminate his parental rights so long as there is someone to step in and adopt the child. At that point the biological dad would no longer be responsible for Child Support.
Answered on Sep 03rd, 2011 at 7:59 PM
It's not that simple. If he gives up his parental rights, which is not just an simple process either, he gives up ALL parental rights including financial responsibility (i.e. child support). If another man adopts the child, the "new" father is now responsible for the child in all aspects, including financially.
Answered on Sep 03rd, 2011 at 7:14 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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If parental rights are terminated then the obligation to pay support ends.
Answered on Sep 02nd, 2011 at 10:51 PM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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Signing over your rights terminate your obligation to pay support.
Answered on Sep 02nd, 2011 at 10:49 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Probably a ploy. Please have your friend see a domestic relations attorney near her for the truth.
Answered on Sep 02nd, 2011 at 8:56 PM
Patricia C. Van Haren
If the other man adopts the child, then he will be the father of that child. The father would not be required to pay support after the adoption is completed. The new father will be financially responsible for the child.
Answered on Sep 02nd, 2011 at 8:21 PM
Roianne Houlton Conner
Once the parental rights are terminated then that person has no other responsibility to pay support or anything.
Answered on Sep 02nd, 2011 at 8:21 PM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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The biological father will continue to have a support obligation until his parental rights are terminated (e.g., an adoption).
Answered on Sep 02nd, 2011 at 7:00 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington, one's responsibilities for a child are not voluntarily relinquished unless someone adopts the child.
Answered on Sep 02nd, 2011 at 4:54 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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Once a man's parent's rights are legally terminated by a court order, then all his/her rights and duties with respect to that child are then extinguished.
Answered on Sep 02nd, 2011 at 4:04 PM
Probate and Estate Planning Attorney serving Stratford, CT
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Rosenberg & Hite, LLC
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Its not really that simple, unfortunately. He would have to be removed as legal guardian by a Superior Court or Probate Court. Willingness to relinquish and willingness by another to take guardianship is no guarantee that anyone will accept this. If he no longer has legal guardianship rights, he will not be obligated to pay child support.
Answered on Sep 02nd, 2011 at 4:04 PM