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    Reznorock's Avatar
    Reznorock Posts: 4, Reputation: 1
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    #1

    Jul 29, 2010, 08:04 PM
    Can a father of a child force child support on a mother that gave up the child willing
    While my wife and I were split up she got pregnant ( while on the birth control implant). I myself am fixed ( we didn't want anymore kids) and we couldn't afford to have more kids if wanted them.

    We thought about giving the child up for adoption but it turns out the father wants the child. He has nothing to do with anything and refuses to let the child be given up for adoption, even though he can't really take care of it either and plans on taking it and going on welfare, which is irresponsible as it is along with the fact that I'm pretty sure welfare will force child support regardless of the situation.

    There are many concerns we have about properly taking care of the child as well as him trying to get child support out of my wife and I, we are barely making it as it is.

    Is there any way to give the child up for adoption without the fathers consent?

    If not, is there any legal agreement we can come to with the father so he won't attempt to get child support out of us? If he did it would put our family in dire straights to support himself and the child.

    We are trying to do what is best for the child but the father is being uncommunicative in regards to any questions except when he can pick the child up when it is born.

    Is it true we can do nothing because he refuses to let the child be adopted regardless of his ineptitude and can do nothing if he wants child support given the situation?
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #2

    Jul 29, 2010, 08:15 PM

    Which state?
    bleusong52's Avatar
    bleusong52 Posts: 239, Reputation: 46
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    #3

    Jul 29, 2010, 08:17 PM

    NO, you cannot slide an adoption through the courts without the birth father's consent.

    You say he is inept in fatherly skills. You say that you and your wife are taking proper care of the child. AND then you say the baby has not been born yet.

    So what is it? Is this whole argument fueled by the realization that your wife could be paying child support and it galls you that this can happen? Hey, I can understand that. But be honest.

    If this whole situation comes to a head, there would be Social Services involved and investigations as to competency of both parents. And also what is truly in the best interest of that child.

    But you just cannot do something without legal advice. You can make whatever allegations you want and this guy can make those same allegations against you and your wife.

    It's a mess. I cannot wish you the best of luck but I can wish that unborn child the best possible future.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #4

    Jul 29, 2010, 08:19 PM
    Quote Originally Posted by bleusong52 View Post
    NO, you cannot slide an adoption through the courts without the birth father's consent.
    It depends on the state law.
    Reznorock's Avatar
    Reznorock Posts: 4, Reputation: 1
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    #5

    Jul 29, 2010, 08:37 PM

    I apologize for not being more straightforward. Also we live in California.

    I meant to say I think he would not be a good father based off a number of things I have heard about him along with the fact that he plans on getting on welfare as soon as he has the child. Although I fear I am biased because I find him to be an unreasonable and careless person.

    And yes it galls me that there is a possibility that he can get child support when my wife and I know we can not afford to care for the child and think adoption would be best. He refuses to let the child be adopted but if he can't care for it then he can get child support?


    Would it be legally binding if he signed a document saying that he will not seek out child support?

    Personally the whole situation is stressful, he doesn't really want to keep in touch unless it suits him it seems but keeps pressing that once he has the child that he wants my wife to visit on a regular basis and be in the child's life. I feel that would just be more of a mess, how would I tell my kids they have a half sister they can't interact with or deal with any of it with the father being of the mindset that it is HIS way period.

    I just want everyone happy and calm with no problems. It took me two months to get my wife and the father to even start discussing anything at all
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #6

    Jul 30, 2010, 03:22 AM
    7601. "Parent and child relationship" as used in this part means
    The legal relationship existing between a child and the child's
    Natural or adoptive parents incident to which the law confers or
    Imposes rights, privileges, duties, and obligations. The term
    Includes the mother and child relationship and the father and child
    Relationship.

    7610. The parent and child relationship may be established as
    Follows:
    (a) Between a child and the natural mother, it may be established
    By proof of her having given birth to the child, or under this part.
    (b) Between a child and the natural father, it may be established
    Under this part.


    7611. A man is presumed to be the natural father of a child if he
    Meets the conditions provided in Chapter 1 (commencing with Section
    7540) or Chapter 3 (commencing with Section 7570) of Part 2 or in any
    Of the following subdivisions:
    (a) He and the child's natural mother are or have been married to
    Each other and the child is born during the marriage, or within 300
    Days after the marriage is terminated by death, annulment,
    Declaration of invalidity, or divorce, or after a judgment of
    Separation is entered by a court.


    7612. (a) Except as provided in Chapter 1 (commencing with Section
    7540) and Chapter 3 (commencing with Section 7570) of Part 2 or in
    Section 20102, a presumption under Section 7611 is a rebuttable
    Presumption affecting the burden of proof and may be rebutted in an
    Appropriate action only by clear and convincing evidence.
    (b) If two or more presumptions arise under Section 7610 or 7611
    That conflict with each other, or if a presumption under Section 7611
    Conflicts with a claim pursuant to Section 7610, the presumption
    Which on the facts is founded on the weightier considerations of
    Policy and logic controls.
    (c) The presumption under Section 7611 is rebutted by a judgment
    Establishing paternity of the child by another man.



    7630. (a) A child, the child's natural mother, a man presumed to be
    the child's father under subdivision (a), (b), or (c) of Section
    7611, an adoption agency to whom the child has been relinquished, or
    A prospective adoptive parent of the child may bring an action as
    Follows:
    (1) At any time for the purpose of declaring the existence of the
    Father and child relationship presumed under subdivision (a), (b), or
    (c) of Section 7611.
    (2) For the purpose of declaring the nonexistence of the father
    And child relationship presumed under subdivision (a), (b), or (c) of
    Section 7611 only if the action is brought within a reasonable time
    After obtaining knowledge of relevant facts. After the presumption
    Has been rebutted, paternity of the child by another man may be
    Determined in the same action, if he has been made a party.
    (b) Any interested party may bring an action at any time for the
    Purpose of determining the existence or nonexistence of the father
    And child relationship presumed under subdivision (d) or (f) of
    Section 7611.



    7631. Except as to cases coming within Chapter 1 (commencing with
    Section 7540) of Part 2, a man not a presumed father may bring an
    Action for the purpose of declaring that he is the natural father of
    A child having a presumed father under Section 7611, if the mother
    Relinquishes for, consents to, or proposes to relinquish for or
    Consent to, the adoption of the child. An action under this section
    Shall be brought within 30 days after (1) the man is served as
    Prescribed in Section 7666 with a notice that he is or could be the
    Father of the child or (2) the birth of the child, whichever is
    Later. The commencement of the action suspends a pending proceeding
    In connection with the adoption of the child until a judgment in the
    Action is final.


    7646. (a) Notwithstanding any other provision of law, a judgment
    Establishing paternity may be set aside or vacated upon a motion by
    The previously established mother of a child, the previously
    Established father of a child, the child, or the legal representative
    Of any of these persons if genetic testing indicates that the
    Previously established father of a child is not the biological father
    Of the child. The motion shall be brought within one of the
    Following time periods:
    (1) Within a two-year period commencing with the date on which the
    Previously established father knew or should have known of a
    Judgment that established him as the father of the child or
    Commencing with the date the previously established father knew or
    Should have known of the existence of an action to adjudicate the
    Issue of paternity, whichever is first, except as provided in
    Paragraph (2) or (3) of this subdivision.

    (b) Subdivision (a) does not apply if the child is presumed to be
    A child of a marriage pursuant to Section 7540.


    8604. (a) Except as provided in subdivision (b), a child having a
    Presumed father under Section 7611 may not be adopted without the
    Consent of the child's birth parents, if living. The consent of a
    Presumed father is not required for the child's adoption unless he
    Became a presumed father as described in Chapter 1 (commencing with
    Section 7540) or Chapter 3 (commencing with Section 7570) of Part 2
    Of Division 12, or subdivision (a), (b), or (c) of Section 7611
    Before the mother's relinquishment or consent becomes irrevocable or
    Before the mother's parental rights have been terminated.
    (b) If one birth parent has been awarded custody by judicial
    Order, or has custody by agreement of both parents, and the other
    Birth parent for a period of one year willfully fails to communicate
    With and to pay for the care, support, and education of the child
    When able to do so, then the birth parent having sole custody may
    Consent to the adoption, but only after the birth parent not having
    Custody has been served with a copy of a citation in the manner
    Provided by law for the service of a summons in a civil action that
    Requires the birth parent not having custody to appear at the time
    And place set for the appearance in court under Section 8718, 8823,
    8913, or 9007.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #7

    Jul 30, 2010, 03:35 AM
    Quote Originally Posted by Reznorock View Post

    Would it be legally binding if he signed a document saying that he will not seek out child support?
    No,it is null and void.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #8

    Jul 30, 2010, 03:38 AM

    Have in mind that;
    1The biological father does not have standing to assert his rights in the state of California if the child was born in valid marriage.
    2.In an adoption, parental rights are transferred from the natural or birth parents to the adoptive parents. Adoption is a legal arrangement; the adoptive parents become legally responsible for the child they adopt and they obtain all legal parental rights with regard to the child. This legal proceeding is so complete that a new birth certificate is issued for the child. It shows the adoptive parents' names as the child's mother and father at the time of birth. The original birth certificate is retained but sealed, so it can be accessed only by court order.
    Reznorock's Avatar
    Reznorock Posts: 4, Reputation: 1
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    #9

    Aug 5, 2010, 06:42 PM

    1The biological father does not have standing to assert his rights in the state of California if the child was born in valid marriage.

    Could you elaborate on this bit please, I don't quite understand what that means.

    Thank you for the rest of your posts though.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #10

    Aug 6, 2010, 02:29 AM
    Quote Originally Posted by Reznorock View Post
    1The biological father does not have standing to assert his rights in the state of California if the child was born in valid marriage.

    Could you elaborate on this bit please, I don't quite understand what that means.

    Thankyou for the rest of your posts though.
    It means he cannot file paternity claim in court,and he cannot assert any legal rights if you and your wife resists...
    stevetcg's Avatar
    stevetcg Posts: 3,694, Reputation: 353
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    #11

    Aug 6, 2010, 08:00 AM
    Quote Originally Posted by Reznorock View Post
    1The biological father does not have standing to assert his rights in the state of California if the child was born in valid marriage.

    Could you elaborate on this bit please, I don't quite understand what that means.

    Thankyou for the rest of your posts though.
    Basically what it means is that you are the child's legal father and he has no claim on the child to either allow or disallow an adoption. He cannot sue for custody and his name is not going to be on the birth certificate unless your wife chooses to claim him as the father.
    Reznorock's Avatar
    Reznorock Posts: 4, Reputation: 1
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    #12

    Aug 6, 2010, 11:38 AM

    Which I assume is because my wife and I are married and he has no proof it is his because no paternity test was done (because I myself can no longer have children )
    stevetcg's Avatar
    stevetcg Posts: 3,694, Reputation: 353
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    #13

    Aug 6, 2010, 11:40 AM

    Correct. He does not legally have the right to demand a paternity test. You are the presumed father. You or your wife could demand paternity testing, however.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #14

    Aug 6, 2010, 12:22 PM

    Reznorock,
    Your problem is here:

    7631. Except as to cases coming within Chapter 1 (commencing with
    Section 7540) of Part 2, a man not a presumed father may bring an
    action for the purpose of declaring that he is the natural father of
    a child having a presumed father
    under Section 7611, if the mother
    Relinquishes for, consents to, or proposes to relinquish for or
    Consent to, the adoption of the child. An action under this section
    Shall be brought within 30 days after (1) the man is served as
    Prescribed in Section 7666 with a notice that he is or could be the
    Father of the child or (2) the birth of the child, whichever is
    Later. The commencement of the action suspends a pending proceeding
    In connection with the adoption of the child until a judgment in the
    Action is final.

    However out of "correct line of thinking" I may assure you of a possibility the child to be placed for adoption without his consent.
    I will explain you later.First the child must be born...
    It is probably not fair but it is legal.

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