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jayone71
07-17-2006, 10:28 AM
I was involved with woman and she became pregant. She decided to keep the child against my wishes and I have had no contact with the child. It has been over ten years. She has married and the child only knows the husband as it's father. My name is also not on the birth certificate.

1. Can I terminate my parental rights and not be liable for child support?

2. Do I have to petition the court for the state the child lives in or where it was born?

Help Please

mommyof4
07-17-2006, 10:35 AM
I was involved with woman and she became pregant. She decided to keep the child against my wishes and I have had no contact with the child. It has been over ten years. She has married and the child only knows the husband as it's father. My name is also not on the birth certificate.

1. Can I terminate my parental rights and not be liable for child support?

2. Do I have to petition the court for the state the child lives in or where it was born?

Help Please

Before anything else, have you been established as the LEGAL father? Is there an order for CS? Is there a court order for custody/visitation. Are she and her husband in agreement with you about TPR? (Her husband would have to be able and willing to adopt. No court wants to leave a child without a legal father if it can be avoided, even in states that allow TPR without step parent adoption).

jayone71
07-17-2006, 10:39 AM
No i have not been established as the father by the court there is nothing in place right now. looking for guidance on the next move . I have been paying the mother child support by military allottment I just didn't want to court to come back hammer me even though there has never been anything on file. what do you suggest I do?

mommyof4
07-17-2006, 10:48 AM
No i have not been established as the father by the court there is nothing in place right now. looking for guidance on the next move . I have been paying the mother child support by military allottment I just didn't want to court to come back hammer me even though there has never been anything on file. what do you suggest I do?

Wait, so you are paying child support that is NOT court ordered?

jayone71
07-17-2006, 10:57 AM
yes right now I am currently paying child support

mommyof4
07-17-2006, 11:05 AM
Okay, then you have been declared the legal father. (You would have to have been to have been ordred to pay support). What will have to happen is you and she will have to come to an agreement that you will terminate your parental rights. You cannot unilaterally terminate your rights.

jayone71
07-17-2006, 11:30 AM
No it wasn't like that. i just agreed to pay her 150 dollars a month and i have never had a court designate me as the father nor has my name been placed on a birth certificate. i was young and uninformed when i did agreed to it and wonder if what i doing is right the child has a father in it's life

xena
07-17-2006, 11:55 AM
No it wasn't like that. i just agreed to pay her 150 dollars a month and i have never had a court designate me as the father nor has my name been placed on a birth certificate. i was young and uninformed when i did agreed to it and wonder if what i doing is right the child has a father in it's life
Is there a court order for CS?

If not, how did you manage to get a military allotment for CS? Usually the military will NOT do an allotment without some kind of legal order or legal agreement.
Or, did the CS enforcement agency do an administrative order for CS? If they did, then yes you are the legal father.

IF, and it's a BIG if, there are no court orders at all, IF you did not sign an affidavit of paternity, and IF you are not listed as the father on the BC- you are NOT the LEGAL father and therefore do not have any rights to give up.

jayone71
07-17-2006, 11:58 AM
I was able to start the allotment and was never asked a question about it, but if I have not been determined by the court to be the father should i have to send child support

xena
07-17-2006, 12:06 PM
I was able to start the allotment and was never asked a question about it, but if I have not been determined by the court to be the father should i have to send child support
Well, unfortunately by trying to do the right thing you probably got yourself into a mess. Although you are apparently not the "legal" father and really have no legal duty to pay CS, it will be very difficult to end the allotment without causing her to take you to court to establish patrernity and CS. The problem comes because you have VOLUNTARILY paid CS for so long and she will have a strong case for having a court order you to continue paying.

My suggestion is to consult a local attorney to see if there's any way you can stop the CS, but as far as giving up your parental rights- you have none to give up.

jayone71
07-17-2006, 12:19 PM
not sure what state the child resides in. the child was born in georgia and i live in virginia where should i seek counsel for my case?

xena
07-17-2006, 12:32 PM
not sure what state the child resides in. the child was born in georgia and i live in virginia where should i seek counsel for my case?
Just to get an idea of what you can do, start with an attorney in your state, then you can get one later in the child's state if need be.

You should be able to find out what state the child is in by asking what address the military allotment is sent to. Since there isn't a court order, they should be able to give you that info.

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