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I have to go to court for a kid that DNA proved was mine. There is another Guy on the birth certificate so can I sign over my rights and will that make him financially responsible for the child? Even if the mother disagrees can I still sign rights over since there is already a Guy on the certificate making him the dad.
Who is ordering you to do a DNA test and why are they ordering you to do it?
We need a much clearer picture to provide any help.
Why was genetic testing done?
From the very limited information you gave, this is what I can tell you. Right now, there are no rights to sign over. He is the legal father, and the has all of the right and responsibilities that go with it. However, if your genetic testing was ordered as a part of the mother or legal father trying to establish YOU as the father, it is likely that he will be removed from the birth certificate and you will be established as the legal father in his place. If you are established as the legal father, and you, he and the mother agree, he can adopt the child and end your rights and obligations. If there is no adoption taking place, there is nothing you can do to voluntarily end your parental obligations.
I would assume the reason for the DNA test ( and I have to guess since you did not say) was to challenge the paternity so the person on the birth certificate would not be held responsible.
But you can't sign your rights away unless someone is willing to adopt.
But first the court will have to prove you are the father ( DNA test) and then hold you liable. If the court does this, then the person who signed the birth certificate is proven not to be the father and relieved of any liability.
The way it works vary by state law.
You didn't tell us what you have to go to court about. That's an important piece of information.Quote:
Originally Posted by lauren940
As pointed out, you currently have no rights to give up. If the court hearing establishes you as the legal father, you won't be allowed to give up your rights unless the current legal father wants to adopt.
Child support. But if I don't take DNA test will they go after the Guy on birth certificate or me for child support?
What exactly are you going to court for? What is the official issue on your paperwork ?Quote:
Originally Posted by lauren940
If there is a court order for a DNA test, they will either hold you in contempt and put you in jail till you take the test or fine you for not taking the test. And then make you take one.
Or they may just award the other side and declare you the father ( not as likely)
No you don't get out of it, by not taking the test, you just get into a lot of trouble
Did the court order the DNA test? If the court proclaimed you the legal father they will pursue you for support.
Again, you are giving us very limited information making it hard to help you.
Yes at the child support meeting they said I had to take DNA test before they can assign me to pay. But if I don't take it will they just put child support onto the Guy that Is on the birth certificate or will they come after me?
I thought you said you already took a test. But no, if you have ordered to take a test you can't refuse a court order. They will come after you.
No. You cannot sign over your rights . The CSA has right to commence paternity establishment/disestablishment cases.Quote:
Originally Posted by lauren940
If you do not take the test you will be "proclaimed" as the father by default.Quote:
Originally Posted by lauren940
Of course they will go after YOU!;););)Quote:
Originally Posted by lauren940
To everyone stating that he can't sign away his rights unless... blah blah blah... He can sign away his rights no matter what... Doesn't matter if there is an adoption or anything else happening or not. He has every right to sign away his rights unless he wants to be the father to the child!!
This is totally wrong. As has been frequently stated only a court can terminate parental rights. A father can certainly sign a paper, but it has no legal bearing unless a court grants a TPR.Quote:
Originally Posted by LOGIDAD
Please don't post incorrect information here. If you have anything that can back up what you are saying please produce it.
Logidad, as the others have said, please do not post incorrect information. You are COMPLETELY wrong. A man has every right to decide if he wants to be a father or not. He makes that decision when he chooses to have sex, period. He has NO legal right to make a decision about continuing a pregnancy or if he wants to have legal responsibility for the child (ie:support)once it is born regardless of if he wants the baby or not. The only way for his to voluntarily relinquish his rights is pursuant to an adoption.
Actually he can, but, that doesn't mean he doesn't need to take financial responsibility no matter what...
Again, please provide anything to back up your statement. As far as my research shows a parent cannot just sign away their rights. Only a court can terminate rights.Quote:
Originally Posted by LOGIDAD
Quote:
Originally Posted by LOGIDAD
I'd also be interested in seeing the background research on this.
I suppose in theory you can sign a document giving away your rights. It's meaningless, but I suppose you COULD sign it - if that's the wrinkle here.
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