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can you sign over parental rights

Discussion in 'Other Family Law Matters' started by aprilpalmer, May 23, 2005.

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  1. aprilpalmer

    aprilpalmer Law Topic Starter New Member

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    My fiance and I are expecting a child. He told me afterI found out that I was expecting that he had been unfaithful and was also expecting another child from some other woman. I love him and we are going to work through this. The other woman found out that we are going to make a life together and now wants him to sign over his parental rights. She has formally requested this and he has the request in his posession. Can he do this and be sure that she can never try to get child support from him? She says that she does not and will not ask for this but everything I can find states that she will be able to apply for child support even if he signs over his rights. Personnally I just want him to sign them over so she will get out of our lives. I just don't want him to have to be looking over his shoulder for the rest of his life.
     
  2. Colleen731

    Colleen731 New Member

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    What state are you in?

    I was able to terminate sperm donors rights, I am in NM. I requested that my husband be her adoptive father and since the bio dad had no involvement, he signed over his rights and the judge approved them.

    Without her being married, I am not sure it is possible. An attorney would have to do this, and it can get very expensive. This is not a do it yourself project. A judge is likely going to want to see a stepfather adoption. In my case we had to be married 1 year, then the judge finally approved it.

    Judges do not like to terminate the fathers rights with a single woman. It has to be proven to be in the best interest of the child. If there is no fatherly involvement from someone else, then chances are not good.

    She might say now she wants to support but she can always change her mind, especially when she finds out just how much work and money child is going to cost.

    Without a propert temination being done, she can always ask for support. Once rights are terminated, future support generally stops but he would still owe any arrears.

    You are going to have to wait until the baby is born, and then if the mother wants to pursue this, she would need to see an attorney.

    Honestly I doubt she is going to want to go through this whole process and pay the $$, when it likely would not even be approved.

    Sorry but you are in a real bind.

    He does not have to have any involvement, but if she chooses to file for support, he will have to pay.


    :(
     
  3. Duranie

    Duranie Moderator

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    The above poster is correct.

    It makes no sense to terminate a fathers rights unless there is a stepfather willing to adopt. A man and a woman need to be financially responsible for the child. Your fiancee just cannot walk away from his responsibilities. If he does not want to support her child then he should not have gotten her pregnant.

    If rights are terminated, that ends his support obligation is most states. If she files for public assistance, why should tax payers foot the bill because your boyfriend doesn't want to pay up?

    I would not get your hopes up that this is going to happen. The baby is not even born yet and she might change her mind.

    It does not seem likely this will happen unless she happens to get married.
     
  4. sweets2396

    sweets2396 New Member

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    Its sad that this baby is not even born and he doesnt want a part of this child's life. However, he would love to raise the child that he is having with you and you feel more than comfortable with that idea. That is not a man. A man is someone who will "man" up and take care of his responsibility physically, mentally, emotionally and financially. Just because he was with another woman while he was with you and made a child with that woman does not mean that there is not enough love in his heart to love that child. Don't be too quick to want him not to be a father because he just might turn around and not be a father to your child. This is more of a moral issue not a legal one. You should really think about it because what goes around comes around. If I were you, I would want the "man" that I am going to spend the rest of my life with be a good father to all of his children not just the ones that he made with me.

    P.S. - In most state he will still have to pay child support so why not spend some time with the baby as well.
     
  5. Duranie

    Duranie Moderator

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    I totally agree with Sweets.

    April, don't get too excited about your cheating boyfriend being a deadbeat to this other woman's baby. She got pregnant first, so her baby is not any less important than the baby you are expecting with your deadbeat boyfriend.

    What makes you think he is going to be a dad to your baby? The fact you are staying with him even though he cheated and impregnated this woman, is a surprise in itself.

    The state will not allow the deadbeat to walk away unless another man wants to take responsibility. Anticipate he will be paying support for her. A judge will not allow him to just walk away even if that is what the woman wants.
     

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