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    dondada983's Avatar
    dondada983 Posts: 1, Reputation: 1
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    #1

    Apr 17, 2009, 07:42 AM
    Signing away paternal rights
    I was recently contacted by a woman I had a brief encounter with 8 years ago. She got pregnant and married the man she said was thae father. A couple of months ago, she asked me to take a paternity test, which was positive. I already have a 9 year old daughter that I have been raising on my own since birth. Anyway, this woman has now aked me to sign my rights away, asking if I do I would not have to pay child suppot. Although I would hate to disrupt this child's life, after 7 years of thinking another man was her father, but if I do sign these rights away, can she then come back later and ask for support? And also, does signing rights away mean I can never have contact with the child?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Apr 17, 2009, 07:50 AM

    First, it may not be necessary since you may have no rights to begin with. If she was married to a man that signed the birth certificate and acknowledged paternity, it is likely he's the legal father despite the paternity test.

    Second, you just can't sign your rights away. Only a court can grant a TPR and they are very reluctant to do so. Even if they do, it might not terminate your responsibilities in terms of child support.

    But, if your rights ARE terminated, then you would have no right to be a part of the child's life.

    But something smells fishy here. Why did she ask for a paternity test all of a sudden? Who is listed on the birth certificate? Was she married when the child was born? What's the status of that marriage?

    I think you need to get the answer to those questions and get the general lay of the land before you do anything more.
    ANB428's Avatar
    ANB428 Posts: 450, Reputation: 42
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    #3

    Apr 17, 2009, 07:50 AM

    The only way that you can sign your rights over is if the other man adopts your child. That is the only way that the courts will allow you to sign over your rights. I don't believe that you will have to pay child support if the other man adopts the child. If you do sign them over then you will not be able to have contact with the child. This is a big decision, so you need to think long and hard before you go signing anything.
    ANB428's Avatar
    ANB428 Posts: 450, Reputation: 42
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    #4

    Apr 17, 2009, 07:53 AM

    If the other man adopts the child it does end child support for him.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Apr 17, 2009, 07:57 AM
    Quote Originally Posted by ANB428 View Post
    If the other man adopts the child it does end child support for him.
    Ahh but you didn't say that. Nothing was mentioned about the other man adopting. Also the other man may already be the legal father based on what the OP said, That's why I asked the questions I did. The key to this question is who is currently the legal father. Based on what the OP said, it seems jumbled and needs to be clarified before accurate advice can be given.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Apr 18, 2009, 05:31 AM

    Comments on this post
    ANB428 agrees: I totally agree with you. I revised it after I posted my response. I am sorry about the confusion, I had just re read what I type and new that it was inaccurate. Sorry!

    For future reference, if you edit a post because of a comment or response, please note your edits within that post. Something like; I reread your post so let me expand on what I said.

    The way you edited your post leaves my comment hanging out in mid air.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #7

    Apr 18, 2009, 12:45 PM

    If you want to receive precise answers you have to give us some additional information.
    1.Which state?/because the law varies from state to state/
    2.Why did they do that testing?
    Is the husband informed about it?
    ANB428's Avatar
    ANB428 Posts: 450, Reputation: 42
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    #8

    Apr 20, 2009, 08:20 AM
    Quote Originally Posted by ScottGem View Post
    Comments on this post
    ANB428 agrees: I totally agree with you. I revised it after I posted my response. I am sorry about the confusion, I had just re read what I type and new that it was inaccurate. Sorry!

    For future reference, if you edit a post because of a comment or response, please note your edits within that post. Something like; I reread your post so let me expand on what I said.

    The way you edited your post leaves my comment hanging out in mid air.
    Okay, I will do. Again, I apologize.

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