Check out some similar questions!

peaches91199 · Mar 8, 2008, 03:07 AM

Well the father of my child is paying child support and he claims he is not the father now he is saying that he is going to press charges on me for signing his name to the baby's birth records when I didn't and I have a copy that he signed so can that hold up in court and he is not taking care of her he don't come see her or call to see if she is OK so can't I have him sign over all his parental rights since he isn't doing anything for her?

s_cianci · Mar 8, 2008, 05:58 AM

He can only sign over his parental rights if there's someone waiting in the wings to adopt. If he signed the birth certificate of his own volition then he is legally the father. Was there ever a court order for child support or has he been paying of his own accord? Either way, the fact that he's paying child support constitutes "doing something" for her and basically nullifies your argument.

Fr_Chuck · Mar 8, 2008, 09:01 AM

In some US states, if he can prove though DNA that he is not the father, he would be allowed to have his name taken off the birth certicate and stop making payments.

In a few US states, if he has not challenged the birth certificate in a certain number of years, he can not challenge it, and he will be considered the father even if he is not the bio father.

So no there is no form he can merely sign, he is trying to scare you with fake ideas of pressing charges ( he can't) to try and be a dead beat dad and not pay child support.

And even if he signed over his rights, ** not that most courts would allow it anyway, if he if could, it would not stop the child support payments.

ScottGem · Mar 8, 2008, 09:06 AM

If he signed, then he can't prosecute you. If he signed then he acknowledged paternity. If he was unsure he should have had a test done when she was born.

Depending on how long ago this was and what state you live in, he may be held to be the legal father even if he's not the bio father. At best, however, he may be able to cease future support if he's not the bio father.

No court is going to grant a termination of his rights at this point. Nor do you want to let him off the hook, even if you could.