Can a father sign over his paternity rights to get out of paying child support?
I have an 18 mo daughter and her dad, who lives in PA, has never seen her. (I left him and moved back to WY when I was pregnant b/c he was smoking pot all the time.) I filed for child support 1 year ago and he has been stalling by not returning paper work and he has yet to take his paternity test. It will come back positive when he does. In a recent email, he said he wants to sign over his rights- otherwise, he will want partial custody. He is in a new relationship and the woman he is with sent me an email a few months ago in which she said terrible things about my daughter and I. My daughter needs the support of her father, but I am uncomfortable with the idea of him getting partial custody. I am okay with him having visitation though. What are my rights? Is there a way to get at least minimum support if he signs over his rights? Is there a way to maintain full custody of my daughter? I am not married, she is not being adopted and her dad is not on the birth certificate.
The dad is Shoshoni and I am Northern Arapaho. My daughter is enrolled in my tribe. Will this help at all?
He is not employed, his gf supports him. But he does get a tribal per capita check every month. The courts have already established a monthy payment (minimum) and he owes backpay, but he is stalling on the paternity test and (as I said earlier) threatening to give up his paternal rights.
Also, he has a new son with his current girlfriend. As far as I know, they are not married. I don't know how/if this will affect anything.
I was researching and was wondering, What is a voluntary relinquishment affidavit? What are the requirments of signing one?
Thank you so much, I appreciate any insight on this extrememly complicated matter.
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You have to talk to a lawyer, most are free for the first visit. Get some good legal advice. Meanwhile, yes he can sign hsi rights away but only if you both agree to that. And I think someone has to be willing to adopt your daughter. If not, then it can’t happen. Laws may vary by state though. If he even considered doing that I would not want hima round my child because he doesn’t care too much about her if he offered to sign his rights away and never see her again. Thats so sad. It’s not easy being a single Mother, I have done it for along time. But sometimes it’s worth it if the other parent is not involved. But he owes oyu that support and he will have to pay or go to jail, simple as that. Best of luck!
No. The issues have nothing to do with each other: child support has nothing to do with paternity rights — it is based on the fact of fatherhood. The man helped make the baby; it is his task to support it.