I have a boyfriend that has a little girl an she stays with his exs sister an the mom is not there an has not been around in awail she comes to drop her other kids off at her sisters an then gos but now she is mad cause me an my boyfriend is having a kid so now she is wanting to hit him with cild support he is getting to the point he wants to give up his rights to this kid when they ask for something we get what ever she needs but he don't want to pay cild support to pay for her drug habbit??

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Originally Posted by krenacipp

i have a boyfriend that has a lil girl an she stays with his exs sister an the mom is not there an has not been around in awail she comes to drop her other kids off at her sisters an then gos but now she is mad cause me an my boyfriend is having a kid so now she is wanting to hit him with cild support he is getting to the point he wants to give up his rights to this kid when they ask for somthing we get what ever she needs but he dont want to pay cild support to pay for her drug habbit ????

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first time doing this I can't get the thing to sumit sorry I am trying to do it right but can she do that?? /

Let's see - the mother of his child is a drug addict. The child "stays" with her aunt. There doesn't appear to be a formal custody or guardianship agreement.

Your boyfriend's concern is that the drug addict is going to request that he support his child. He is not concerned that the mother is a drug addict.

He is concerned that the child support money will be used by the drug addict mother to feed her habit and not to support the child. Who has been supporting the child if not your boyfriend?

And, no, he can't give up his rights. CPS can take away his rights, but he can't surrender them.

He can not give up his rights, mom can file in court for child support, dad could fine in court for custody ( not sure why he does not unless he just does not want the child) aunt could file for guardianship and ask for child support from both mom and dad.

Lots of maybes, guess it is who goes to court and files first.

The simple answer is that if the mom sues the dad for CS, and if dad proved to the court that the mom is not raising the child, the court very well might deny a CS award to the mom, but would be inclined to award it to the aunt, or whoever does in fact have the child.

- and hopefully this will turn into SOMEONE being appointed a guardian of this child.

The interest isn't where the child is; the OP's interest is why should the boyfriend of the pregnant OP support his child.

I do hope the mother moves for support.