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    tash101's Avatar
    tash101 Posts: 1, Reputation: 1
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    #1

    Feb 2, 2012, 10:23 PM
    Can a birth father voluntarily terminate parental rights?
    I live in NJ. My husband wants to give up his parental rights of a baby that may be his. They only had an encounter once. She got pregnant on purpose to obtain shelter and money from the state. We are also moving to Georgia in July. Is it possible to sign over rights? How does he go about this? Will he still be responsible for expenses?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Feb 2, 2012, 10:41 PM
    This link is immediately before yours. You would do well to read it.

    If he were to somehow give up his "rights", that still would not affect his duty to support the chid. And when welfare benefits are involved, the mother cannot normally waive child support.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Feb 3, 2012, 04:37 AM
    If the mother applies for state aid, the state will require that the father be identified and then will go after the father for support.

    As AK noted there is a sticky note that answers your question as well as thousands of previous threads that ask the same question.

    Your husband should demand a paternity to test to confirm he is the father. If he is, then he will not be allowed to terminate his rights and will be required to support the child.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Feb 3, 2012, 07:32 AM
    As everyone has said, she's collecting benefits, the State will pursue child support. Taxpayers are getting really tired of supporting children born of "one night stands" when one parent or the other attempts to walk away.

    Your husband needs proof that he is the father and then he has to man up.

    That's the price of a one night stand. (Incidentally, it's ALWAYS a one night stand. Apparently having a short-term relationship is safer, pregnancy-wise, than one night stands which usually create a child.)
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Feb 3, 2012, 09:22 AM
    No, he can no just sign over his rights, assuming you have children with him, would you want him to be able to move out and just sign over rights and not have to pay child support.

    So, with that said, he does not have to apply or ask for any rights, he does not have to visit the child. He does not have to see the child. He does have to pay ( his obligation) any state ordered child support. So if and when the mother of the child gets a child support order, he will have to make that monthly payment. It will normally be based on his income. If the mother does not go to court for child support, BUT, if that mother or child gets any state support or welfare, the state will then come after him for payments.
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #6

    Feb 3, 2012, 03:13 PM
    Why in the WORLD do you think he should get out of supporting his child--if it is his child? Do you think that just because he's not in a relationship with the mother that it means he gets to just walk away from supporting the child?

    It's really too bad that so many people think the way that you do. Maybe if more people actually thought that people SHOULD support their own children, there would be fewer children born of one night stands because people would actually THINK before they dropped their pants.

    Legally, your husband is responsible for the child if he's the father. He should definitely get a DNA test, but if the child IS his, the state WILL come after him for the support they are providing the mother.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Feb 3, 2012, 04:18 PM
    On re-reading this I have to wonder about some things. You say she got "pregnant on purpose". Who told you that, your husband? Do you have any idea what the odds are of a woman getting pregnant from one encounter? And, of course, your husband had nothing to do with it? Was he raped or was he a willing participant?

    I know we have been a bit harsh in our responses, but you seem to need something of a wakeup call. You need to understand that, if your husband is the father then he will be required to support that child for at least 18 years. And also that it will be unfair to that child to grow up without a father.

    You also need to stop taking your husband's word for everything. He has proven somewhat unreliable by having a one night stand. I'm all for standing by your man, but you need to do so with open eyes and an understanding of the consequences of your husband's actions.

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