tahoengirl
04-03-2006, 09:57 AM
Hello I live in CA,and just found out that my husband has a baby by a friend of mine.I wanted to know if he gives up his parental rights to the baby does he have to pay child support.Just so you know we have four litle ones ourselves[7,5,4,2].
mommyof4
04-03-2006, 10:02 AM
Well, in order to terminate his rights, both parents would have to agree to it and a step parent would have to adopt the child.
In answer to your question, once parental rights are terminated, then no, he would not have to pay CONTINUING cs. If he owes arrears, then yes, he would have to pay that.
Now, my mean, snarky response is that if I were you (which I fully admit that I'm not) I would give up the husband and the friend. This is assuming that the baby was concieved AFTER you and he had a relationship. But, that is neither here nor there.
Tahari
04-03-2006, 10:33 AM
Hello I live in CA,and just found out that my husband has a baby by a friend of mine.I wanted to know if he gives up his parental rights to the baby does he have to pay child support.Just so you know we have four litle ones ourselves[7,5,4,2].
Who's decision is to try and relinquish his rights? Yours or his? Just being nosey here.
As stated above, a stepparent has to be in play here to adopt the child. Not to mention the stepparent needs to have been married to the mother at least a year in order for this to occur.
CAdad
04-06-2006, 10:07 AM
Not nexessarily, there is a new guideline followed by many judges in CA, not sure if applied in your state.
If BOTH parents agree to the terms of terminating one's parental rights, it can and WILL be done on the basis the following circumstance are met:
1. Persuant to both parents agreeing to the termination of the paternal rights, or maternal rights.
2. *State assistance is to be deemed "unavailable" to either party for assistance in the child's well being. (Other than state assisted medical coverage)
*This is the one tough part of the agreement, because technically you need to predict the future in assuring you would not be in a position to qualify for or need state assistance* You can read up on the exact wording, I just tried to put in lamens terms for the purpose of this post
3. The child can be adpoted by the step-parent of the party not terminating their rights beyond, but not before, 60 days.
4. Any and all contact must be the decision of the party not terminating their rights and to be determined pursuant to signing of all legal documents.
Again, most judges take this "no contact pursuant to signing of all documents" in different ways.
You would want to check with the probate court in your city/town.