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    Samantha28's Avatar
    Samantha28 Posts: 3, Reputation: 1
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    #1

    Dec 13, 2006, 11:41 AM
    Can he do this?
    I am having a baby at 17 years old, and the father who is 21 doesn't think the kid is his. If he gives up his parental rights does he not have to pay child support? :mad:
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Dec 13, 2006, 11:47 AM
    First of course depending on your state, this could be statutory rape. In our state for example a 21 year old goes to jail for having sex with a 17 year old.

    Next he can give up his rights, but not his obligations, he can not give up paying child support.

    So once the baby is born, you need to file for full custody of the child ( it is not automatic, at birth the father has as much right to the child as the mother does)

    So you file for custody and then file for child support. This is why people go to jail or lose their drivers license for not paying their child support, if they could just "give them up" 1000's would do it today, the plain fact is they can't give up their obligation to pay child support.

    If latter you find someone and remarry and they wish to adopt that child, then his obligation to pay child support can end.


    So if he says he won't have to pay child support just laught at him and go see an attorney
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #3

    Dec 17, 2006, 03:17 PM
    Before there's any issue regarding child support or parental rights it has to be proven that he's the father. You'd have to apply to the court for an adjudication of paternity. Then he, you and the child all have to submit to a DNA test. If the results indicate that he's the father, then an order for child support is issued and he can petition the court for visitation. He cannot voluntarily sign away his rights or responsibilities unless someone else adopts the child.

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