My fiance signed the birth certificate for a baby who was not his. He now pays child support, but the mother makes no effort to let him see said baby. She demands gas to bring him or meet us half way and my fiance can no longer afford child support for the child he can not see, especially since we have our own on the way. How does he go about signing over his rights?
pragmatism_rules
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What do you mean an "adopted child"? If the child has been adopted, then unless your boyfriend was the person who adopted the child, there should be no child support as child support (except for arrears plus interest) ends when an adoption becomes final. If the child has not been adopted and he is paying child support for a child that is not his, then he needs to petition the court for a dna paternity test to be done. When it is shown that he is not the child's father, he should petition to have his name taken off of the birth certificate and for the child support to end. If the court complies, then he should sue the mother for the support paid on the grounds of paternity fraud! If the court refuses and leaves him on the hook for the child support, then he needs to hire a good lawyer and go to court asking for sole legal and residential custody for the child as the mother refuses to let him see the child that he is legally bound to support.
Lastly, if he is still stuck paying child support for a child that is not his, then he will have to pay until the child turns 18, even if it means you have to go to work to support your child. I know that will be hard on you but you knew you were getting involved with a man who had a child to support before you got pregnant with your child...and unfortunately, that may mean sacrifice on your part too! Good luck and God bless.
*****
Addendum: Your fiancé cannot sign away his rights unless the child is being adopted by the mother's husband. And even if he does manage to get a judge to agree, he will still be bound to pay child support (unless he can get it cancelled because he is not the father or until the child is adopted) for a child he will have no rights over (ie. custody or visitation)...a very bad idea!
Ti
How do you know the baby is not your fiancé's baby? Is that what he is telling you?
No, your fiancé cannot sign away his rights unless baby momma gives her child up for adoption or if she marries, her new husband is willing to adopt her child.
Child support and visitation are two separate issues. The absence of one does not negate the other.
If your fiancé is unhappy with his visitation arrangement, then he should go back to court and get it changed. He has no legal obligation to give baby momma gas money.
When you get into a relationship with a man who already has children from previous relationships, then you are entering into a packaged deal. His first child has priority over any subsequent children you and him may have together. In other words, the child should eat before you do. If your fiancé can't afford to support his first child, he shouldn't be so irresponsible that he creates another one.
Morgan
It will depend on what state you live in, but he could simply go to court to enforce his rights if he wants a relationship with the child he cared enough about to claim paternity to.
In Arkansas, regardless of biology, the father is the man who signs the birth certificate and provided for the mother and unborn child at least six months of the pregnancy.
Jan
He doesn't. He can sign away his legal rights, he cannot sign away his obligation to support his child.
He is the childs legal father. If he wants a set visitation schedule, then he goes to court and asks for it. Has he made an effort to see his child or does he expect her to drop the child off and pay the travel expenses?
Can't afford child support? Then he shouldn't be having another one with you.