38 answers

Giving up Rights to a Child

I have a question that I need answered. My husband was told a few years ago that he has a son from a one night stand he has been paying child support and has never seen his son, the son is now in 4th grade and the man in his life is the only father he knows. He is wanting to adopt him and my husband is ok with it. But he (husband) is wanting to know if he signs his rights away will all his responsiblity go away or will he still have to pay child support?

the reason my husband never seen him is because the mother does not want him to disrupt her sons life do to his age.

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What can I do next?

Featured Answers

Yes, once he signs away his parental rights, he no longer will need to pay child support.

I have a niece who's daughter's father signed away all rights, and who's stepfather eventually adopted her and gave her his name. It has all worked out very well, and for the better for all.

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Once a child is adopted, the adoptive parent assumes all rights, responsibilities and financial obligations.

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My son's biological father is in UT. We are in TX. The bio-dad signed his rights away and my husband adopted my son. The bio-dad legally does not have to pay support any longer...My son is now my husbands responsibility.

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More Answers

If the other guy adopts the child, then all of the obligations and rights of the father transfer to him. That means "say so" about what the child does, medical concerns, etc and also obligations to provide for that child financially, including insurance, etc. It also ends and unspecified inheritance rights (divided amongst "the children" would no longer include that child).

It will NOT eliminate or alleviate any PAST support that may still be owed. But, the mother may agree to waive or forgive that debt (if there is any). And if she does, get it in writing and added by the court into the official records. If there is any support owed on behalf of the child to anyone other than the mother (state aid, etc) then that must still be repaid.

To clarify: your husband terminating his parental rights is NOT the same thing as the child being adopted by another man. They are two separate things that DO 2 different things. Terminating his rights ONLY cuts of your husband's RIGHTS---NOT his obligations. They are not the same thing. The adoption would REPLACE your husband AS the father, so all rights AND obligations become the adoptive father's (again, except for past due support).
hth

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In most states, as long as there is a prospective adoptive stepparent in waiting, the biological parent is able to 'sign away' parental rights. Once the minor child is adopted all responsibility (financial and otherwise) falls upon the legal guardians/parents. In this case, the mother and step father.
Also, just putting my 2 cents in, but your DH sounds like an awesome man. My faith in humanity is always renewed when I hear of a father (no matter how physically absent) who pays the support like a grown and responsible man, rather than dragging the child and his/her mother through paternity testing, etc. Wow, he gets a gold star for the year!

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Absolutely the other man needs to take on FULL responsibility if he wants to be his legal father. We are in the same situation with my grandson. His biological donor is paying support. But if my daughter finds a good man to take the role of father, the other man can go his merry way.

But I have to ask... Does your husband really WANT to give up his rights? Did he want to have a relationship with his son? He should have one if he wants. It's not too late.

I don't know your situation. But I can only say my grandson is the best thing since sliced bread and I consider his biological seed donor a dumb punk for not coming around and being a real father to him. He deserves more than just money.

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oooh man...was a paternity test ever done to prove your husband was the father?

I don't know the state laws of Texas on relinquishing or terminating parental rights...I would hire a lawyer - who will run a paternity test to ensure the child is actually your husbands. If not - you may be able to sue for all the support paid...I THINK...I hate to be sue happy!

It's sad that your husband has been financially responsible for this boy but never even got a chance to bond with him!!! My red flags are up!! It sounds like she's "hidden" him away from your husband...I know - I'm PROBABLY reading too much into it - but it's wrong IN MY OPINION to have a parent just be financially responsible and not active.

Bottom line? I would hire an attorney to make sure you and your husband are protected. I would also document EVERYTHING so that IF by chance one day this boy comes looking for his blood father - the boy will know that your husband TRIED..

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Once his rights are terminated, he will no longer have to pay child support. Any unpaid balance will still be subject to enforcement but future balances will stop accruing as of the date the rights are terminated. Your husband sounds like a good man who has continually put the best interests of this child ahead of his own. There aren't many men who would pay child support for a child with whom they have no relationship, and giving up rights must be a tough decision too even if it's for him to be adopted by the only father figure he knows.

If he hasn't had a DNA test done I would encourage him to do that just so that he knows for sure that the child was his (I'm assuming that he would have had this done when the woman contacted him but I know guys who never questioned it).

Best of luck to all involved.

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He could have seen his son - even tho the mother didn't want it. And, btw, not to be catty, but is he sure this child is his? Just wondering how a support order was done! (I sometimes wonder about people's motives - guess it comes from what I've seen....)

Anyway - from what I know, the other fella cannot adopt this child until your hubby's rights are terminated. Courts/atty can do up the termination papers - and only then can the child be adopted by the other person.

2 moms found this helpful

Yes, once he signs away his parental rights, he no longer will need to pay child support.

I have a niece who's daughter's father signed away all rights, and who's stepfather eventually adopted her and gave her his name. It has all worked out very well, and for the better for all.

2 moms found this helpful

hire a lawyer, make sure that the child is actually his, if it turns out that its not his, sue her for the child support that he has already paid. if the child turns out to actually be his, sue her for violating his parental rights, nobody said he had to play nice, shes not, so why should he.
if he signs away his parental rights then he will not have to pay child support any more
K. h.

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