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 into this extrememly complicated matter.
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Very hard to say how it will work. You may have american indian law and federal law getting involved in the situation.
I would suggest getting a lawyer.
If going through the courts; you may need a ‘long arm summons’. You can apply for one throut your State’s State department usually but you may need to refile the case.
Terminating parental rights DOES NOT alleviate a child support obligation. Only an adoption will do that.
see if you can file a motion reinforcing him to take this paternity test and you can surely file for full custody of your child and whatever he does about custody is up to him