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Deadlygypsy · Jul 31, 2007, 04:04 PM

I have a one year old daughter. And her father has never helped support her. And now that the State is forcing him to, he's asked me if there was anyway to have his name taken off the birth certificate so that he has no legal obligations to her! I agree with him and think it would be for the best, But I have no clue if there is a way to do this. If anyone has any insight it would be appreciated :) Thanks!

sGt HarDKorE · Jul 31, 2007, 04:06 PM

You can take his name off, but I'm not sure if he still has to pay child support

Deadlygypsy · Jul 31, 2007, 04:09 PM

I figured I could but I'm just not sure how to go about it. Because my Husband wants to adopt her.

Fr_Chuck · Jul 31, 2007, 06:12 PM

If your husband wants to adopt, you don't take his name off, what happens, you hire an attorney, he has bio father sign away his rights with permission to adopt, a application to adopt is submitted to the court along with the paper work from bio father.

When the adoption is approved a new birth certificate is issued, and it appears that the adopted dad is the parent on the certificate.

go-ask-mom · Aug 2, 2007, 09:13 PM

You would have to get an atty. To complete this process... but yes, he can sign away all his rights at any time, regardless of whether there is another to fill his place. (Such as step-dad wanting to adopt)

Your atty. Will also be able to handle or guide you in following-up with the changes in birth cert. process.

I hope this is something you both think long and hard on, as it seems to be the "easy way out" answer for younger guys now a days, who want to escape financial and physical responsibility of their children. I personally think it's a crock, especially when its just to get out of child support. But that's just me.

Better luck next time in finding Mr. Right.

MsCrabtree · Aug 5, 2007, 05:50 AM

Follow the above directions regarding adoption but do NOT removing his name from the birth certificate. This way he ( father) will act as if he NEVER had a child. This is not an option. Husband can adopt if he signs away his parental rights. In terms of your daughter, do you have any contact with any of his family?

s_cianci · Aug 5, 2007, 01:47 PM

He can't undo his legal obligations to her, by removing his name from the birth certificate or by any other means. His only out is if someone else adopts your daughter and thereby becomes her legal father.

go-ask-mom · Aug 5, 2007, 10:38 PM

Originally Posted by s_cianci

He can't undo his legal obligations to her, by removing his name from the birth certificate or by any other means. His only out is if someone else adopts your daughter and thereby becomes her legal father.

This is incorrect. If he signs off his parental rights, he has no future legal obligations as of the date of signing. There does not have to be an adoption or future step-father in place for this to happen.

A friend of mines son, did just this. She was extremely upset w/ her son, but there was nothing she could do. She talked to an atty. because she wanted to retain her "grandparents rights" as it was her grandson. But they were never married, just living together when she had the baby. So she had no rights to protect. His name went on the birt certificate and not long after the baby arrived, they split up.

Well, she took him to court for child support and after a year or so of him not paying....the state came after him. They were going to take away his drivers license if he did not become current on all back child support. (a year or so's worth) So instead of this happening, he retained an atty. and signed off all parental rights...which freed him of his legal obligations. Its not right, and I think the kid is worthless pos for doing it....but, thats what happens when KIDS try to act like ADULTS. She is not much better, as she has since had another child and still NOT married.

My friend, (the bio-grama)- takes both kids(even tho the one is not hers) all the time because the girl dumps them off anywhere to run around w/new boyfriend. She just had both kids for almost a week and the newest baby is only 1 month old....now tell me what kind of mother would already be leaving a 1 month old for a week at a time. It is a shame but what can you do?? My friend documents all this but if she turns her in, she will find out and lose contact with her grandson....so shes in a terrible situation while her worthless son is free of his obligations. Its a shame that this can happen, but there are sooo many kids out there today that just have no sense of responsibility at all.

Nicole98 · Sep 7, 2007, 07:44 AM

Originally Posted by Deadlygypsy

I have a one year old daughter. And her father has never helped support her. And now that the State is forcing him to, he's asked me if there was anyway to have his name taken off of the birth certificate so that he has no legal obligations to her! I agree with him and think it would be for the best, But I have no clue if there is a way to do this. If anyone has any insight it would be appreciated :) Thanks!

I don't think that he can do that. Has a paternity test been done which proves he is the child's father? If so the state will ask him to help support the child as it is his responsibility and also will expect him to supply medical for the child. If you receiving state assistance for medical he will be expected to make a payment towards that also. Your best bet is to go to your local courts and find out.

ScottGem · Sep 7, 2007, 08:56 AM

Originally Posted by go-ask-mom

This is incorrect. If he signs off his parental rights, he has no future legal obligations as of the date of signing. There does not have to be an adoption or future step-father in place for this to happen.

Well, she took him to court for child support and after a year or so of him not paying....the state came after him. They were going to take away his drivers license if he did not become current on all back child support. (a year or so's worth) So instead of this happening, he retained an atty. and signed off all parental rights...which freed him of his legal obligations.

There must have been some extenuating circumstances that you are either not relating or are unaware of because what you are saying is not the case in most areas.

Most jurisdictions make it extremely hard for a bio parent to relinquish their rights. And they NEVER do it just because the bio parent wants to get out of paying child support. In most jurisdictions, even if you do relinquish your rights that does not get you out of paying support. A termination of parental rights is generally allowed ONLY to clear the way for an adoption or where the bio parent represents a danger to the child.

Again, I don't know what really happened in the situation you are aware of, but at best its an anomaly and does NOT represent what will happen in most cases.

To the OP. Get an attorney, have them draw up the adoption papers which will include a relinquishment for the bio parent to sign.