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the biological father of my sisters son wants to give up all rights. this is also what
she wants because he has had nothing to do with his son since he has been born.
she doesnt want no child support from him. is there certain things she has to do to
start the procedure. for example, do they have to both write a letter and go to court?
and how long does it take to do this? his name is not on the birth certificate. any information will be greatly appreciated.
From my understanding all she has to do is file for full custody of her child. When a child is born custody is shared 50/50 between both parents (even though sometimes it doesn't seem like it since mom always does everything). When he doesn't show -- to my understanding -- full rights will be granted to that parent. This is just what I heard and I not sure if it varies in different states. Hope that helps. good luck
Let's say I have a right to own a gun. But, let's say that I have no intention of ever owning a gun. Wouldn't it be kind of silly to spend money, time, and effort to give up a right that I never plan to use?? It would to me.
So, if the father wants to give up his rights (what he's really saying is that he doesn't want to pay child support - but we'll get to that later), all he has to do is NOT use them. And, that won't cost anybody a penny.
It also seems pretty silly for a mother to spend money, time and effort, to help this guy give up rights he's never going to use. Why would she do that??? If the guy isn't ever going to visit his kids, going to court now isn't going to change that.
However, if this guy wants to give up his rights, that's his RIGHT to do so. Let him spend all the time, money and effort he wants to, to give up a right he never plans to use. Let him be stupid if he wants to be. Of course, he can't give up his OBLIGATIONS.
If it weren't for your kid, I'd say the same thing about you. However, you have another mouth to feed so you can't AFFORD to be stupid. He can give up all the rights he wants, but he CAN'T give up his OBLIGATIONS. In this country, you are OBLIGATED to support your children.
And you, as a new mother, for the sake of your child, should NOT be encouraging him to leave your child fatherless. In addition, you should NOT be encouraging him to leave your child fatherless AND HUNGRY. Besides, it's not YOUR money to refuse. It's your children's money. When they grow up, you'll probably be pissed at them if they throw away YOUR money. Well, I'll be pissed off at you now for throwing away theirs.
excon
PS> I see that this question was asked on behalf of someone else. Ok, just switch the word "you" with "they".
I have a friend that had a daughter with a guy that isn't on the birth certificate. From her situation 15 years ago, I don't know if laws are the same now??? But in any case, they said that IF she wanted child support that legally they would have to do a paternity test and get him on the birth certificate. Same with visitation. So my understanding of this situation is: He's not on the birth certificate and if neither of the parents want to persue the father to pay or visit then I don't think it's a issue at this time. But IF the father ever wants to persue a paternity test/visitation/or child support. He could come back and ask for a test to be done. But my friend has never had this issue. The only problem she has run accross is now that her 16 year old daughter has lived with her step dad for 10 years, she wants him to adopt her, and the courts said for that to happen they would have to put a ad in the paper in the last known city of the father and give him a last chance to come forward.
The only situation that I see as a problem as well is IF your sister can not afford the child and goes to Social services. They will require her to petition for a paternity test and child support before they will financially help her. And there is no way to get around that, cause giving up rights does not give up the obligation to pay... Not enless your sister has a new husband that is willing to adopt the child, and the bio dad is ok with that.
Good luck
you file a petition in court to give up your rights.
Also giving up your rights does not take away any obligation to pay child support, even the state can act on behalf of the child if the mother collects any welfare. So the mom can say she don't want any child support but if they have to ever collect any support from the state, the state can go after the father anyway, no matter if he has given away his rights or not
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