[mason2010]

Recently, my parental rights were terminated in the state of PA (Involuntary Termination of Parental Rights) because the child in question is being adopted. The backstory to my case is lengthy at best so I'll omit most details for sake of length and to get to the point.

There is currently an exising child support order and has been for several years. I have paid on time every month. After reading many posts here, some questions have been answered, but some are not and I am looking for specifics... or possibly someone to point me in the right direction.

I am to understand that support obligations were terminated in such cases as this, where the child is adopted. Again, I'm in the state of PA. I have searched the child support guidelines as well as the adotion laws and I have found no mention of this. Where can I find these details?

I also understand that the support will not cease until the child is adopted. I am not privy to adoption information about this child. How will/would I know when to ask for termination of support? DRS in PA does not do the "leg-work". I am going to need to tell them, but how is this information attainable when I am not privy to it?

Any help with these two issues would be greaty appreciated.

[cdad]

What you can do is go back to court for a modification now. And compell them to let you know otherwise they could string you along forever. So long as you don't have arrears they should drop them now or create a viable plan as to when it will end or how they are going to notify you.

[ScottGem]

Why were parental rights "involuntarily terminated"? If you are the legal father then you have the right to say no to the adoption. Unless there are extenuating circumstances I'm curious as to how they got an involuntary TPR. But, once another person becomes the legal father, your rights and responsibilities end since you are no longer the legal father.

Generally the TPR is done the same day in the same court session as the adoption. You should be able to get a transcript of that to show the agency collecting support that your obligation has ended.

[mason2010]

I'll try to be as brief as possible... however, I caution my story is lengthy. I am not opposed to this adoption. I stongly support it given my unique set of circumstances...

Mother and I were high school sweethearts... on again off again (more off than on, really). She became pregnant at 18 and had a daughter. I was told by her that I was the father. I was present at the child's birth as was mother's boyfriend (what I didn't know was they had been seeing each other at the time of the child's conception). When I departed the hospital, Mother filed the child's birth certificate as "father unknown".

Months went by and mother refused to let me see the child she claimed was mine... I asked for a custody agreement. The court ordered DNA after mother stated I was not bio dad and should not gain a custody agreement. On the day of DNA testing, mother refused testing and verbally agreed that I was the father. Court granted me visitation.

Mothers boyfriend was military and deployed overseas... mother and I became "on again". We agreed to sign an Acknowledgement of Paternity. After filing the AOP, mother rescinded within her 30 day window, meanwhile taking the AOP to Domestic Relations using the bad AOP as proof of paternity. DR issued a child support order... I was unaware of the rescinded AOP (how fast DR acts). When I was notified, DR said that it was too late and the order was in place (my loss). She slipped through a loop hole in the system and what was done was done.

Fast forward several years... I permanently end the "on again-off again" with mother and I marry. Mothers military boyfriend enters the picture again and they marry. It then comes to light that boyfriend/husband may actually be bio dad and not me (should have had a clue by now). He has requested to adopt the child.

The mother and I had a bad relationship but do agree that the child needs to be raised in a loving family with BOTH parents. I think she should get to know her father. I feel that I was somewhat used to help pay for the child while mother waited for her boyfriend to come back...

In the best interest of everyone, mother requested an involuntary action so that I would not have to testify in court as to why I was giving up my rights. Furthermore, she wanted the child support order terminated as well (so she says).

Again, I support this adoption. It is what is best for the child and I would like my relationship with the court system to be over. But I have come to understand that the system is an "imperfect" thing and I was too trusting before. I like to do my research before calling any attorneys (money has been wasted for years) and I need to know and understand the process.

[ScottGem]

Ok, well the first step is getting a transcript of the adoption.

[mason2010]

Califdadof3: Thank you for the suggestion. I had already planned on filing a Request for Modification/Termination with the County Domestic Relations office. However, in this petition, I would have preferred to reference the actual standards for this procedure. Although I have always abided by the regulations set forth my DR, I feel as though they would attpemt to delay or reject my petition all together if I am unable to supply them with concrete information. PA is a heavily enforced child support state. In my opinion, they would not be willing to "let go" of a current order without overwhelming evidence. I have in my possession the Final Decree involuntarily terminating my rights. Is that really going to be enough? A case worker at DR states, no it is not.

ScottGem: Thank you for the response... I never thought of court transcripts. I guess that's why I was posting here to begin with... other's ideas. I am going to request this on Monday and begin the Modificaiton/Termination process and I will certainly post my progress in hopes that it will help someone else.

Still question though whether this is all written somewhere... Have I missed this in the Support Guidelines of this state? Adoption Laws? Any other suggestions welcome.

Thank you all again.

[mason2010]

UPDATE: As of March 13th, the final decree for the Involuntary Termination of Parental Rights was submitted to the local Domestic Relations Section. I did not have to file for modification; the decree signed by the judge was submitted via fax to the caseworker for DR. DR had advised me that I was to wait to hear from them as a prorated support amount would be issued for the month of March and collection would cease starting from the date on the order. It is now April 9th, and I have yet to receive any further status. I simply want to keep status here... help for someone else possibly. Once this situation is final, I will post a closing.

Thank you all again.

[cdad]

Did they send you a copy of the order? It should have all the dates you need on it. You might call and ask what's going on. From the sounds of it they are trying to generate an order to stop the support and will refund you the money. Id call and ask what their procedure was. Also you keep saying that you can find it no where online that talks about you not paying support. The answer is right in front of you. What your looking for is the definition of "who pays support". And the answer would be the legal parent.

A legal parent can be the Bio parent or adoptive parent or the presumed parent. Presumed being one that had a child born during a marriage but not the child's natural father. So in your case the legal parent would exchange the support obligation to them instead of you which would release you from further obligation.

I hope that cleared it up for you.