Terminating Parental Rights in MD

[downindm]

I have been living with my fiance for the past 3 years. Back in August of this year, she had a baby. We were both under the impression that it was mine - so when presented at the hospital with the Affidafit of Parentage, I gladly signed it - as I had assumed she was mine and had been told that I would be her dad regardless.

Well, after a month or so, she started having doubts... so we did an informal DNA test. Results, I'm not the biological dad. Worse yet, somehow this changed everything. She is now running around with other guys behind my back - but trying to string me along in case things don't work out with someone else.

Worse yet, she had a mental breakdown because of all the guilt involved (or at least partly related to it) and was hospitalized for a week.

I am aware that 60 days have passed and the affidafit I signed can only be challenged in court under reason of fraud, duress, or material mistake of fact.

I am having to consider the fact that there is a possibility she might leave with someone, take the baby, shut me out, and file for child support. She is just acting very unstable and there are lies everywhere. I don't want to get stuck paying child support for a child I am not able to be the father that I want to be - a full time dad (not just weekends, or holidays, or never).

Ideally, I would love to gain custody of the child - but can't afford legal counsel. So I am guessing that my only option at this point is to look into terminating my rights.

Can I do that before I get hit with child support for a child who isn't mine? Am I able to challenge something that I signed? I would think that knowing the results of the test would constitute "material mistake of fact". Would having a LEGAL DNA test done be of some help should I get a CS order and want to fight it?

Now don't get me wrong, I absolutely HATE that I'm even having to consider this - but this is not what I bargained for. I love this child as if it were my own, and it's going to tear me apart if I am unable to be there for her. But I want to be there for her always - all or nothing. I just can't do the part time or weekend thing, that's just not who I am. Not to mention that if forced to pay CS, it would be damn hard for me to have any kind of life with all the debt and everything else financially.

 

[Malibu_Barbie]

Voluntarily surrendering your parental rights is just that ... it's a right that can be surrendered by you ... that's your choice, and no one can prevent you from doing so. As to potential child support issues, I would not worry about the Affidavit as this does appear to be a mistake of material fact, which was shown by the blood test.

Years ago, I prepared the paperwork for a father to voluntarily surrender his rights. He was the natural father of the child, but was no longer able to pay child support and was in serious arrears. The natural mother had remarried and the step-father wanted to adopt the child. This relieved the natural father of any further obligation to pay child support. BTW, the documentation wasn't that extensive, and you might find a form at your local courthouse, or even your State's Dept. of Family & Children Services.

 

[Duranie]

You need to see an attorney. The informal DNA test does nothing since it was not court ordered and you still signed the paternity affidavit.

In order for you to terminate your rights, the bio dad must be located and declared the father.

You need to file for a paternity test asap through the courts.

Since you are not the bio father, you may not have to terminate rights but you need to somehow get your name removed from the birth cert..

The longer you do this, the harder it is going to be for you to release yourself of financial liability of this child.

I would book a consultation with a family law attorney to see what needs to be done. But at least go down to the family court or go to their website and see about disputing paternity.

 

[dakotasmom07]

Take your girl to court

If I were you, I would take your girl to court and fight for custody over the child even though that child is not yours. Sounds like you have been more of a parent to the child then her own mother. I am a mother as well. My daughter is 3. My fiancee is more of a father to her then her own father. That is why I am making him sign his rights to me and making him pay me what he owes me in back pay. When back pay is paid in full then he can sign rights til then he can't. More you have grounds to file custody and win. Sounds to me you have more evidence against her then she does against you.

 

[Duranie]

Dakotasmom, you cannot seek custody of an infant that is not even yours. If the child is not his bioligically he probably will have no rights to the child, at this age. The child is only a couple months old here.

Also not sure how you intend on having the bio dad sign over his rights to you, you cannot do that unless you are married and the stepfather is willing to adopt. I am almost sure an attorney did not tell you that. You just cannot have someone sign over rights, it is not that easy. A full termination of rights and step-parent adoption must be done. In most cases, a home study is required and the courts like to see you married for 2 years before you proceed to do this.