I live in Pennsylvania, and am curious as to how one goes about signing off rights to a child. My friend cannot financially, emotionally of physically provide for his child the way he feels he should, and he has considered waiving his rights. I would like to know if it is possible for this to be done, and how to go about doing it. His name is not on the birth certificate and he was not aware of having a child until the child was 2 years old. It has been proven by a DNA test.
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- Thread Starter Mystical
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I answered this on another thread. The answer is no. He cannot legally walk away from his responsibility here. Your friend is completely clueless and ignorant of family law if he thinks he can just sign his rights away. If the child is legally his from a court ordered DNA test, he must support the child unless the mother is re-married and wantsher husband to adopt.
Your friend has learned an expensive lesson in unsafe sex and having a child.
Your friend has learned an expensive lesson in unsafe sex and having a child.
Duranie
In response to the last reply, ther is alot of underlying issues with this specific situation and it was not a court ordered DNA test, it was a home DNA test. He is not comleptely clueless or ignorant to the situation. I find it fascinating how quickly people are to judge people and situations that they know nothing about. You being a lawyer, I thought that maybe you would have some understanding or open mind for each and every situation. Some details are: He has been paying a verbal agreement between the mother of child support a month. However, recently the mother has wanted to legally create documentation that if anything happens to her, the child goes to her family and not the father. At this time in his life, he does realize that he cannot provide the way he should for his child and has been an active part in her life the last two years, however the mother is forcing her hand to make it possible for her child to not be a part of the father's life. So because of this turn of events, he is considering waving his rights. The mother still wants child support even though the rights are waved. Common sense states that if you waive your rights as a father, than all attatchments legally are cut. Please correct me if I am wrong.
There is more to this situation than meets the eye and I would like a professional answer to this concern and not a lecture in lessons learned.
In response to the last reply, ther is alot of underlying issues with this specific situation and it was not a court ordered DNA test, it was a home DNA test. He is not comleptely clueless or ignorant to the situation. I find it fascinating how quickly people are to judge people and situations that they know nothing about. You being a lawyer, I thought that maybe you would have some understanding or open mind for each and every situation. Some details are: He has been paying a verbal agreement between the mother of child support a month. However, recently the mother has wanted to legally create documentation that if anything happens to her, the child goes to her family and not the father. At this time in his life, he does realize that he cannot provide the way he should for his child and has been an active part in her life the last two years, however the mother is forcing her hand to make it possible for her child to not be a part of the father's life. So because of this turn of events, he is considering waving his rights. The mother still wants child support even though the rights are waved. Common sense states that if you waive your rights as a father, than all attatchments legally are cut. Please correct me if I am wrong.
There is more to this situation than meets the eye and I would like a professional answer to this concern and not a lecture in lessons learned.
Actually I am not an attorney.
It does not matter what "underlying" issues there are, if he is the legal father of this child, the courts do not allow him to walk away from his responsibilities.
What DNA test was used? Was it a lab or a home one? Anyways as long as their is no legal father of this child, your friend has no rights, therefore there are no rights to sign away unless he is already signed the birth paperwork for the child. Is there a father listed at all? From your other post you mentioned a birth cert. Did your friend sign an acknowledgement of paternity? If he did, he is the legal father it sounds like and he should set up some legal custody/visitation status through the courts.
In regards to the latest post, your friend should not be paying this woman ANYTHING without going through he local child support bureau. If he continues to pay her volunatarily, he needs to write on the checks or money order, child support otherwise mom can file for back support and claim Dad gave her no money. He need to cover himself.
Secondly, mom's little request of having sign a piece of paper is nonsense. He does not have to listen to her and in the event something does happen to mom, he is free to try to legally establish custody. He should not be thinking of the "what if's" at all. He is either Dad to this child, or he's not. He cannot legally terminate his rights to this child. If he wants to voluntarily pay support to mom and have no rights to the child at all, thats his choice.
OR, he can leave it the way it is, and hope that mom does not file for any sort of child support, although she can at any time, even 10 years from now.
If he is the legal father and he signed the birth paperwork, he's dad, and he should look into his rights a father. The courts will not allow him to terminate his parental rights. He would be foolish to listen to mom and sign any papers mom might give him.
He needs to grow a backbone to mom.
It does not matter what "underlying" issues there are, if he is the legal father of this child, the courts do not allow him to walk away from his responsibilities.
What DNA test was used? Was it a lab or a home one? Anyways as long as their is no legal father of this child, your friend has no rights, therefore there are no rights to sign away unless he is already signed the birth paperwork for the child. Is there a father listed at all? From your other post you mentioned a birth cert. Did your friend sign an acknowledgement of paternity? If he did, he is the legal father it sounds like and he should set up some legal custody/visitation status through the courts.
In regards to the latest post, your friend should not be paying this woman ANYTHING without going through he local child support bureau. If he continues to pay her volunatarily, he needs to write on the checks or money order, child support otherwise mom can file for back support and claim Dad gave her no money. He need to cover himself.
Secondly, mom's little request of having sign a piece of paper is nonsense. He does not have to listen to her and in the event something does happen to mom, he is free to try to legally establish custody. He should not be thinking of the "what if's" at all. He is either Dad to this child, or he's not. He cannot legally terminate his rights to this child. If he wants to voluntarily pay support to mom and have no rights to the child at all, thats his choice.
OR, he can leave it the way it is, and hope that mom does not file for any sort of child support, although she can at any time, even 10 years from now.
If he is the legal father and he signed the birth paperwork, he's dad, and he should look into his rights a father. The courts will not allow him to terminate his parental rights. He would be foolish to listen to mom and sign any papers mom might give him.
He needs to grow a backbone to mom.
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