QUESTION

in new jersey , can a father sign away their rights out of spite of the mother ? and if so do they have to pay child support to support the child?

Asked on Oct 06th, 2020 on Child Custody - New Jersey
More details to this question:
Im 18 and got pregnant at 17 by a 21 year old man who lives in Philadelphia, he claims to not want to be around my child or claim my child because he hates me and my family. can he really just escape his responsibilities as a father based on our history and our personal problems ?
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1 ANSWER

Divorce Attorney serving Short Hills, NJ at Diamond & Diamond, P.A.
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You need to contact the family court in the county where you live to file a complaint for the establishment of a child support order against him. If he wishes, he can challenge paternity and as a result, the court will order a paternity test to confirm that he is the biological father. The court in NJ has jurisdiction over him since you live in NJ and the child will presumably live with you - which means that even though he lives in PA, the court will serve notice on him of the court proceeding. When you appear in court, you need to give the court as much information about his employment background, educational background and any places of employment so that the court can set a proper order for child support. You also want to keep detailed records of all of your pre-birth expenses so that you can ask that he be responsible to reimburse you for a portion of those expenses as part of the establishment of a child support obligation. You also want to provide the court with the details of any childcare arrangement you plan to have in place so that the court can also impose an obligation on him to contribute to that expense as well. By having the probation department handle the collection of child support, etc, his nonpayment of child support will result in judgements against him, which will follow him wherever he goes in the future. You also need to consider social services, so that you have proper prenatal health care services and proper healthcare after the baby is born as well as financial assistance.  As such, despite his rants and threats, whether he wanted a baby or not, if he is the biological father, he has legal responsibilities to the baby. If he did not want it, then he had the obligation to take proper protection while you and he was sexually involved. He cannot have sex with you and then seek to absolve himself of the consequence of that relationship. Like a bad take off on a Beyonce song, if he didn’t want a child, he should have put a condom on it (sorry but could not resist)
Answered on Oct 07th, 2020 at 11:50 AM

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