If a man and woman have a child and the mom wants to give up the for adoption baby but dad wants custody....?

Question

What happens? Does he have to go through some sort of legal procedure before he can take the baby or can he just take the baby home from the hospital.

Also, in this situation, mom would not be able to get out of paying child support, would she?

Answer 1

then he needs to raise his baby! Sadly too many courts and agencies are ignoring fathers rights!! heres some examples:

http://babyselling.com/

http://onlineathens.com/stories/111806/n...

http://www.saskatoondad.com/

and heres one who never got him back and is searching all these years later:

http://www.myspace.com/ghostwheels

Answer 2

it would have to go through the courts. but if shes not finacially stable she might not have to pay child support

Answer 3

The father should be able to get custody of his child without going to court.  All the mom has to do is terminate her parental rights to the child and the father gets automatic custody. If the mother tries to put the child up for adoption and doesn't tell the father and the father can prove he didn't know anything about it then he can contest to the adoption and the mother's rights will be automatically terminated.

Answer 4

The mom wants to give the baby up but dad wants the child....mom signs her rights away and dad is the sole provider for the child....The good news is it can be done my son goes to school with a boy who's dad has full custody of him and he has never seen his mom........just be sure their is a female figure in the childs life because this little boy has dad and grandpa he needed a female that would show him love and that came from me....Good Luck!!!!

Answer 5

Maybe the man could adopt the child then the woman wouldnt have to pay child support, I guess you arnt going to stay together if this happens.

Answer 6

if a parent signs custody and signs away the baby there is no support. but it takes the judge and other parent to agree. if they don't agree well its hard for each to do this. if the mom lets the dad have the kid then she pays unless he lets her sign off. sometimes judges wont' let the parent do this

Answer 7

There is a difference between custody and adoption. If you have custody, the other person pays child support. If the child is outright adopted, all parental rights are gone and you do not have to pay child support.

That's here in Georgia anyway. My friend who lives in NJ, and he is a guy, has custody of both of his boys and the x-wife does pay child support. Men do get residential custody, it's not a myth. It's decided by a real judge in a real court, not a script in a movie.

Answer 8

you would be able to get custody but you would have to go through the courts. Mom would be able to get out of paying child support because she signed away the rights of being mom, that is why she wants to put the baby up for adoption she soes not want the resposibility. If she had to pay child support she would still have the responsibility so what would the point of putting the child up for adoption be?

Answer 9

And now: another perspective. I used to work with a man in his early 20s whose mom wasn't speaking to him. He couldn't stop his ex-girlfriend from aborting his child/her grandchild. Why is it the woman's sole choice whether the father even has this baby that he contributed to creating?

And yes, if he wants to abort and she doesn't, he has to pay support for 18 years.  

Once the baby is here, the father has to go through proceedings to get custody,  including proving it's his.

Fair? No. But that's what the legal system has set up.

Answer 10

Mom can terminate her parental rights if she wants to and dad can petition the court for full guardianship of his child.  She would not be responsible for and financial assistance

He should defintely get an attorney before birth so everything is set up and planned for to make the baby's transition home less stressful

Answer 11

The dad can have custody of the child but if the mother signs over her rights she does not have to pay child support to the father or anyone else she is legally detached from the child.

Answer 12

When the Mother is placing the child for adoption The father needs to also sign papers to give up his rights to parenting. if this is Not what you want and you refuse to sign you can petition the court to have the child taken into your custody and you raise it. however Mom as others have said would NOT be paying child support or even have contact with you or the child if she does not want to.

You should really think this through if in fact you wish to fight this adoption and take on the responsibility of parenting this child totally Alone.

You will get Nothing from Mom. It will be All on YOU. Are you prepared for that?

Are you doing this because you really want this child?

or are you doing it due to feelings for mom either good for instance hoping for you two to get back together and hoping the baby will help with that  

or bad hoping to get revenge against her some how perhaps by keeping the child to punish her some how maybe you live close and it would cause her to see the child and go through huge issues of hurt knowing that she made her choices that she done.

and then attempting to make her pay since you mentioned making her pay Child Support I have to wonder just what your reasons are? not Judging mind you Just wondering

I mean obviously you two must not be together. She is obviously carrying your child and she obviously is under the impression that you and her are not the best choice to raise this child. So I have to wonder why you wish to fight what it is she has decided. believe me the choice to place a child does not come easy. it is not something you just DO It takes a lot of thought and love to do that. So why not give her what she wants in regards to this child?

Answer 13

I am not sure about the child support issue for the mother.  But I do know that the father needs to provide support to the mother throughout the pregnancy and document the support with receipts or checks to prevent an adoption.  Adoption agencies are extremely aggressive in trying to show that the father has "abandoned" the mother and child.

If you are in that situation, I recommend that you get a lawyer and save every scrap of evidence that you are supporting the child and mother.  You may want to make a video of you saying how much you want your child while holding up receipts of payments to the mother.  Also, if your state has a putative fathers registry, get registered today.  If you do not register, adoption lawyers may be able to s***w out of your rights to your raise your child.

Answer 14

You would need to get a lawyer, the lawyer would know everything you need to do to get custody & possibly child support.  If the mom is willing to give the child to you - full custody than the process should go somewhat smoothly.  But you need to relize that since she wants to give the child up for adoption, she wants no ties to him/her - no responsibility, doesn't want to see the child, or have any financial obligations to the child.  So you may have to go without the child support, & cut all ties with her, but look at it this way, it's better for you to have custody of your child with no child support, than for you to never see your child again.  There's plenty of help single dad's can get from the government/state.

Answer 15

It isn't as easy as many of the people on this site are saying.

If both parents want to terminate rights, then it is relatively easy.  However, if either one of them doesn't want to terminate their rights, then that one can petition for guardianship and can also petition for child support.  If the dad wants the mom to pay child support, she can't just say no (just like a dad can't just say no).  He can, however, allow her to terminate her rights and at that time, she assumes the rights that would be afforded to a stranger.  She cannot contact the child, she cannot do anything associated with the child without the custodial parent's permission.

Answer 16

She would sign her parental rights away and she would not have to pay child support. And yes there is legal papers for all of this. He can just take custody of the baby right from the hospital if his name is on the birth papers.