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bethannLR · Dec 28, 2012, 06:11 AM

If a father is not on the birth certificate of the minor child, and was served child support, can he give up his rights, or would they want to do the paternity test first? How long does a case like this usually take?

smoothy · Dec 28, 2012, 06:17 AM

If they go after support... there will be a DNA test done... in fact he should insist on it.

Then if its his.. he can expect to pay support for at least 18 years most places... and no.. he's can't give anything up to get out of that obligation... unless someone wants to adopt the child... thats the only thing that will end his support obligation or his parental rights. Because only a court can do that...

bethannLR · Dec 28, 2012, 06:21 AM

Originally Posted by smoothy

If they go after support...there will be a DNA test done...in fact he should insist on it.

Then if its his..he can expect to pay support for at least 18 years most places....and no..he's can't give anything up to get out of that obligation....unless someone wants to adopt the child...thats the only thing that will end his support obligation or his parental rights. Because only a court can do that...

How long does a case such as this take? See, its not that he wants to give up rights, the mother NEVER Allows him to see his daughter, and when he was seeing her, he was giving the mother money every time... and once we found that she was going after him for child support, recently he gave her money in the form of a money order, everything should be kept on record, correct?

ScottGem · Dec 28, 2012, 06:26 AM

First, any question on law needs to include your general location as laws vary by area.

Second there is this myth that a parent can just give up their rights. It is only a myth. Only a court can terminate parental rights and courts are very reluctant to do so.

Finally, as of now, he has no rights because he hasn't been identified as the legal father. He can demand a paternity test before they award support. If the test comes back positive, then he will be the legal father and be responsible for support. But he will also have the rights of a father. That includes having court ordered visitation.

And yes, anything he pays for the child should be documented.

Fr_Chuck · Dec 28, 2012, 06:29 AM

Unless the mother is remarried and the new husband wants to adopt, the father can not "give up his rights" and yes there should be a DNA test to prove he is the father, but he can waive it or not appear in court and the court most likely will order support since he did not challenge it.

If he wants visits, he files in court for visitation just like mother is filing for support