If your in the military and forced to sign over your rights to your child do you have to pay child support?
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If your in the military and forced to sign over your rights to your child do you have to pay child support?
Why were you forced to sign over your rights? What state did this happen in? Terminating parental rights is very rare. And even more rare when it will stop child support.
Yes,
1. who forced you to sign over your rights, Or did you just sign custody over to the other parent ? ( that is a big difference)
its my husband he wasn't married and joined the army his son from his ex has custody of his child. He said he had to sign over his rights because he was a siñgle soldier. He doesn't owe any child support but can she make him pay child support?Quote:
Originally Posted by ScottGem
He probably had to sign over CUSTODY. It is unlikely he was even allowed to give up his rights.
And unless an adoption happened, she very much can take him to court for child support.
my husband signed his rights over while he was a single soldier he has no court order to pay child support, she is trying to file it on him. He has no rights to his son though would he have to pay still?Quote:
Originally Posted by Fr_Chuck
Quote:
Originally Posted by jfrench22
Without the wording to the document he signed it is IMPOSSIBLE understand the situation.
He may have signed off on his rights to visit, to have custody, because he was overseas, no one (such as his parents) was given any rights in his place - I have no idea. I very much doubt that he totally signed away his rights, but I would be interested in the wording of the document.
This question is posted frequently.
He may believe this document he signed ended his rights to custody or visitation with the child. Whether that belief is correct remains to be seen. If a judge has not signed an order, it is doubtful.Quote:
Originally Posted by jfrench22
He would still have to pay child support if and when the child's mother, or the appropriate state agency, gets a court order that he do so. Before the mother or the agency can do that, she or it would first have to prove that he is indeed the father. That, in turn, may very well require a paternity test.
The notion that, simply because he was a single soldier at the time, he had to sign whatever he signed, is very likely also incorrect.
I know of no law in any US state that would require a soldier to sign over his parental rights because he was a single soldier. So the odds are that he didn't understand what he signed, he was lied to about what he signed or he just didn't care and didn't read what he signed.Quote:
Originally Posted by jfrench22
I am very confident that he did not sign away his rights. He would not have been permitted to do so, unless the mother had someone waiting to adopt the child. So if the mother is going after him for support, that's unlikely.
So the first thing your husband needs to do is get a copy of what he signed or at least understand what it was. I am sure he will find that he signed away custody and/or visitation rights, not parental rights. And, unless a court ratified what he signed, it has no force of law.
If he is the legal father of this child he can be held responsible for supporting the child.
So when you know what he actually signed, let us know and we can help further.
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