[nov_16_im_due]

OK I have a ? To ask I am pregnet and my baby's father wants to sign his rights away right after the baby is born can he do that?

[progunr]

Yes, he can legally sign his parental rights away if he chooses to do so.

That does not release him from being financially responsible for the child he helped bring into this world.

[nov_16_im_due]

So your saying if he does that means he don't have to do to help right?

[J_9]

What that means is that he signs away his rights to make any decisions regarding the health and welfare of the child in question. He will still be financially responsible for raising the child he fathered.

[Fr_Chuck]

First normally he can not sign his rights away unless you agree. Next a judge wll also have to agree, ( many places the judge will just not let him.

If he does sign his rights away ( all that is, is his right to visit, his right to see the child and have a say in what the child does) He can still be forced to pay child support,

So as soon as the child is born, you have to worry about what is best for the child and you, so you file in court for him to pay child support, which is the right, legal and moral thing that he has to do.

If he does not want to ever see the child, you can' force him, so signing his rights away has no real meaning, since you can't force him to see the child anyway

[nov_16_im_due]

OK so nomatter what I have a say in what he does about signin his right away?

[J_9]

First of all, are you married? If you are married then there is a higher chance that he will be put on the birth certificate. If you are not, then it is all up to you.

[Fr_Chuck]

Yes, remember if you are not married, while he has a "right" to go to court and get rights to the child, he has no rights without going to court.

So after the baby is born, and you are not married, he can not actually isgn over any rights he has not established in court yet.

You need to stop worrying about him and what rights he wants to give up, worry about your rights to child support.

[nov_16_im_due]

That's what I'm talking about even if he does sign his rights away do I still get child support because we are not married and I did not make this child on my own and if he does get away with this that's bull!

[progunr]

You have received 3 different answers, all stating that the signing away of ones rights, does NOT eliminate them from paying child support.

No matter what he does, or tries to do, he can't escape the financial responsibility to support the child.

You may have to prove paternity however, in order to get child support ordered, if he contests being the father at all.

[ScottGem]

I moved this to the Family Law forum where there are hundreds of threads asking the same question. There is also a sticky note at the top of the forum that discusses the issue.

The bottomline here is that a court has to approve a Termination of Parental Rights (TPR). And the courts are very reluctant to do so. Generally a TPR is ONLY granted to clear the way for adoption or if the parent represents a danger to the child. It is NEVER granted to allow the parent to get out of paying child support.

However state laws vary. In some states, a TPR does cancel child support. In others it doesn't. But in the states where it does, its even harder to obtain one.

So the father can "want" to sign away rights, but the likelihood is he won't be allowed to. Even if you agree.

[stinawords]

What state are you in? Knowing that will allow us to tell you how your state rules on the support issue. Also as pointed out read some of the other threads (there are plenty) you will learn a lot.

[nov_16_im_due]

I live in st.louis!! I have read some stuff on here saying that he can't do it w/ out my say but then again some places are diff.. Then were I'm from!

[ScottGem]

i live in st.louis !!! i have read some stuff on here saying that he can't do it w/ out my say but then again some places r diff.. then were im from!!

Please reread my response. No place in the US is that different. The main difference is whether parental responsibility terminates with parental rights. In those places where it does, terminating rights gets even harder.

I checked MO law and a juvenile officer has to be a party to a petition for a TPR. In other words, he can't just file and get one. The case has to be evaluated by a social worker. And no social worker is going to let him off the hook from paying support.

[nov_16_im_due]

OK thank you I have tried to talk to a lawyer but I don't have the money to do so right now and none will talk to me for free up here!! Thank you very much!

[ScottGem]

Well, he will need one to try and get his rights terminated.

[nov_16_im_due]

You but I need one to don't I ? I don't think he really will try to I think he is to big of a wimp to I think he will try and run and hide but hey he will get cought!

[stinawords]

Why would you need one? The only reason you would NEED one is if you were trying to get a TPR but that dosen't seem to be what you are after. You might want one when you go to court for support and visitation arrangements but you don't need one for that.

[nov_16_im_due]

OK so then he will need one to when I go after him for child support to or what?

[stinawords]

No, if the court date is just for support/visitation then no lawyers are needed by either party. Each party may want one but they are not required. The hearing usually goes pretty smoothly because it is just the judge using the same formula he/she uses all the time to figure support and visitation will be decided. You do need to know though that if he dosen' sign the affidavid of parenthood at the time of the birth then you have to petition the court to order a DNA test first before anything else can happen.