View Full Version : Signing Rights Away
AshlynnsMom12
Mar 21, 2009, 05:11 AM
I Live in the state of Illinois. I don't really know if different states have different laws for this. My daughter is getting ready to be born, the father of her is wanting to sign all of his rights away so he don't have to pay any child support, can he do that? We are not married.. The only reason why is because he is with someone else and has two kids by her so he refuses to help me out with my daughter because he is with someone new... I just want to know if he can do that? :confused:
ScottGem
Mar 21, 2009, 05:32 AM
No. State laws do differ, but no state will allow a parent to relinquish their rights to get out of paying child support. In fact, getting a TPR (Termination of Parental Rights) is very difficult for any reason. Generally they are granted only to clear the way for an adoption or if the parent represents a danger to the child.
So, as soon as your baby is born, you go to your local Family Court and file for child support. He'll likely deny paternity at which point the court will order a paternity test. Once paternity is established the court will award custody and child support.
AshlynnsMom12
Mar 21, 2009, 06:06 AM
Okay another ? Will I get into trouble if I put his name on the birth certificate... he told me he was going to take me court if I did and I didn't know if I could put it on there or not considering he is the father?
ScottGem
Mar 21, 2009, 06:11 AM
A birth certificate is a legal document, you have to fill it out truthfully. The only way you would get in trouble is if you put him as the father knowing he might not be. And it would be hard for him to prove that.
Of course he can take you to court, but he will lose.
Fr_Chuck
Mar 21, 2009, 07:21 AM
I am not sure if you can put it on, since he will not be there to sign, but that does not really matter one way or antoher. If you can't, you merely prove he is the father though court ordered DNA test.
Next time he says he is going to sign his rights over, laugh at him and tell him that his payments can be in check or money orders.
As soon as the child is born, file for custody and child support