Can my kid's father, give them up and still not pay child support?

Question

Ok. I'm 18 year's old, and I have a 2 year old daughter, and 5 month's preg. with my second child. Their father want's to give up right's to both of them. And I don't want him to. but of course he wont listen to me. But is there a way that he could give up right's without my permisson, or could he give up right's and still have to pay child support? I already have the child support parer's ready to send off, but I don't want to hurt anything by doing the wrong thing. So he can't just sign over right's and get off cold turkey can he? I'm scared about all this? And i'm in Louisiana, so any advice wuold be very helpful, thanks so much, Tesya, P.s and we are not married, and never have been! And his last name is on my my oldest daughter's birth cirtificate. thanks

Answer 1

my brother adopted his wifes daughter and i know she had to go to court to get the lil girls dad to sign off all his parental rights !~! I knwo you have to go to court and im pretty sure it has to be mutual but not positive ...

My opinion is you cant make him want to be there so if he wants to give his rights so he can get out of paying child support you need to send those papers you have right away !~! If you send the papers for child support its not ganna change his mind !~! you need to do whats best for your children and if you are 18 you need all the money you can get and that child support will come in real handy when they need food and clothes !~! if you dont want him to give up his right thats your decision but whether you send in the papers for child support isnt ganna change his mind !~! good luck !~!

Answer 2

Most judges will not allow him to do that. He can sign off his rights to the children but he would still have to pay child support.

Send the papers girl!!!

Answer 3

Well, in all fairness, if he's giving up his rights, then why would he give up his money?  That's like saying that people who give up their kids for adoption should have to pay child support.

I don't understand why he's doing this to you.  Ask him why he desn't want to be a father.

EDIT: Azy

No, I agree that it sucks, but again, I don't think he can be forced to pay child support.  I mean, I don't think a man can go to court on his own and say, "Hey, I wanna give up my rights", and that's it.  I would like to think that the mother has a say in it.  But I don't see how, legally, he would have to pay child support.

Answer 4

No, you BOTH have to sign papers for him to be able to sign over his rights.

And if you let him sign over rights, then no, he will not have to pay child support.

Don't let him off... He helped make those babies, he should help support them.  :)

Answer 5

Yes, he can.  If he terminates his parental rights, he is no longer legally responsible for those children, which means no child support.  Also, for your benefit, he has absolutely no say in anything that you do with the children, has no right to visit them unless both of you want to, and has absolutely no legal responsibility for anything regarding them.

There is nothing you can do to force him to not terminate his parental rights.  That is his decision.  It doesn't matter if his name is on your daughter's birth certificate.  You can put any last name that you want on a birth certificate; it doesn't matter whose it is or what it is.  

So, yes, he can sign away his parental rights and get off cold turkey.  It's the same thing that would happen if you had had an abortion or put the children up for adoption.  You would sign away your rights, give up any rights you have to the children, and have no responsibility for them.  It's perfectly fair for him to be able to terminate his parental rights for the children if he didn't want them, doesn't want them, and wants no involvement in their lives.  If he's only doing to get out of paying child support, though, that's a pretty lousy reason.

Answer 6

Just a quick comment on Capricorn12's answer:

I agree that it SEEMS unfair to part with your money if you want to give up the rights to your child. However, it actually is unfair to want to have s*x, and not deal with the consequences. He doesn't have to be a caregiver if he does not want to be, but unfortunately, he still is responsible.

To answer the actual question on hand: I'm not sure about the laws in your state, but I do not think that he can get off that easy. If he is serious about wanting to give up his rights, then you should consult a child support lawyer ASAP, and really find out what rights you have as the mother.

Answer 7

he can give them up all he wants, but he will always have to pay child support. period. the only way to not pay child support is if the child is given for adoption (by both parents) at birth. then you both sign off open/closed and it is done. he will have to pay period. think about it like this: if that COULD happen, how many deadbeat fathers would just "sign off" on their kids? thats why they have laws now that supports back child support, current., jailtime ,losing their license. in my state if they don't get a job and pay, they lose their lisence.period

Answer 8

When you are young you make mistakes we are human  i went through  it to i have three kids 3rd one i am with though the 2 i am not i was never married either the two cheated on me i went for child support

Answer 9

of course NOT he still has to pay child support no matter what! there his children and hes responsible for them until they are 18 no matter what; whether he likes it or not.!

Answer 10

I don't think he can terminate his parental rights unless you agree.  You need a lawyer.  And you need birth control and better judgment.

Answer 11

Not sure down there But most states will make him pay support at least on your two y o  and the one in the oven But that will take a dna test more than likely.  Even if you move some where else the state will go after him I think. Dead beat dad law. and all you have to do is sign up for food stamps or welfair and the state will do the rest. Then you can say its not your fault he has to pay or go to jail "Its the state"

Ps I think he is stupid to try to leave his own young! !

Answer 12

i would go to the county gov't center and get some advice from them and they can tell you what is legally able to be done. if i am not mistake even if he gives up rights doesn't mean he doesn't have to pay child support. he just gets no custody to them! and they can tell you what paperwork you will need. be very prepared when you go into court so you don't get screwed over. you may be able to check out your local gov't website and get info and forms to have filled out there also.

Answer 13

Names on certificates mean nothing- they don't matter. I don't know the exact laws in your state but men can't just sign away their rights and be free from support just like that. If they could, deadbeats wouldn't exist because they'd all just sign their rights away. Call a lawyer in your area and ask exactly how termination of parental rights works. They'll give you an initial consultation for free.

Answer 14

the only way he has to pay child support is if you take him to court and he makes more money than you, and if he gives up all rights to the kids that makes you the primary custodial parent which will make him pay even more money than him, child support is based on how much the parents make, who spends the most time with the children, who pays the medical, any special needs and etc. and so you can **** this guy if you want too.. which if he doesnt care about your guy's kids why should you care about his income?

Answer 15

he will need to take a blood test so you can prove that he is the father and yes then you can get child support from him after that.and i bet he will then think more about it.hopefully he is not doing drugs or drinking because that would take a longer time for his eyes to open up.so dont trip just take it one day at a time it will all work out.take care of the kids first thats your #1 priority.

Answer 16

Oh he can sign off rights but he is OBLIGATED to pay child support until some other guys steps up and takes responsibilty for the children. You should not be soley responsible for these children as he helped bring them into the world. If he wants to find someone else to take over the responsibilty then that's the only way he can get out of it.

Answer 17

What has changed in the last few months since you've been pregnant again?

He can't just give up rights with out a court order, its a legal procedure. If he does that he will no longer be held accountable for support as they will no longer be his. They will but not legally.

My friend just went through this but her kids a re teens. I guess she's never gotten support and he ex husband, yes they were married legally, asked her to sign the papers.

So mail those papers today and put his name on #2's birth certificate also. Don't sign any thing for him with out an attorney.

Hopefully he's just being an a$$ and later on he'll decide he can be a dad. Also tell him to get a vasectomy ASAP.

Tesya I'm sorry you are ging thru this. I had a baby at 16 and the next at 18 just like you.  I was so stupid I had even married the guy because I knew he'd be better afterward. Well honey I was dumb as h**l.  By the time I was 20 I was living in Florida away from my entire family and every friend I had. The ex took off, I had the kids and I stayed here to stop myself from going back to him ever again. At least you don't have to go thru an ugly divorce and life 14 hours from every thing you've ever known. I hate to tell that story because I sound like such an idiot. When your young you make mistakes. Do the best you can to learn from this one and to always put the kids first. Well not every time, once and awhile you can have fun with no guilt!!

Good luck and mail those papers!!

edit.....I just read others posts. Like I said he can give them up but only with your signature and the judges court order. Never let that happen unless you decide later to marry and have your husband adopt them.