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Child Support/Rights

I am a single mom who has full custody of my almost 7 month old daughter. Her father's name is not on the birth record and we are not together. He has never seen her. I had to apply for TANF after being laid off. They required that I name the father so I did.

He is mad at me because the court is making him take a DNA test and pay child support. He claims that he has a "metal stress issue" and can't work but he does get a disability check. He wants to sigh over his rights because he doesn't want to pay child support.

My question is....can he sigh them over? does he still have to pay even if he does?

Answer Question

Asked by Momma2Miranda at 8:54 PM on Nov. 12, 2010 in General Parenting

Level 6 (137 Credits)
Answers (6)
  • i don't know. i think they have to pay due to the child support goes to the assitance and then after you are off of it then he can do whatever. but i think he does automatically. he can't just say i don't want to pay and sign over his rights. he has to take responsiblity for his child and they will just make him do that. its not you who is going after that its the goverment. make a baby take responsiblity...same thing happen with my dd. i went for child support and he never wanted to give up his rights.

    Answer by lambdarose at 9:03 PM on Nov. 12, 2010

  • The whole point behind child support is that he made a child and didn't want to take responsibility for him or her so the courts are making him. He can choose not to have a relationship with the child, but the court will still expect him to pay child support. I have only heard of a parent being able to sign over their rights to a child when a step parent is adopting them. Just to do that to not pay child support defeats the purpose of child support and every deadbeat dad / mom would be doing it. The courts will take into account his mental issue / disability check, etc. But he'll have to have proof of it. It could lesson the child support he has to pay.

    Answer by psgilbert at 9:35 PM on Nov. 12, 2010

  • If he sings them over to someone willing to take that responsibility I think is the only way he can sing his rights away. You could have the papers drawn up to relinquish him of all that but why would you?? He is the dad he should support the child..

    Answer by mamagator at 9:52 PM on Nov. 12, 2010

  • I know a few moms who waived their right to child support..and the guy waived his rights as a parent at the same time....but as far as Public asst. they seek to be reimbursed by the bio dad regardless because it is state thing I was always told by a lawyer friend of mine was any question you have call you local attorney general's office and they can answer any question you have, good luck

    Answer by wheresthewayout at 10:39 PM on Nov. 12, 2010

  • The state will not allow him to sign over rights to a child on welfare. He needs to be responsible and get a real job.

    Answer by matthewscandi at 10:41 PM on Nov. 12, 2010

  • If there isn't a step-dad willing to adopt your child, then no, he can not sign over his rights....he can just choose not to use his rights (i.e. not see and/or talk to your child). He will still have to pay CS.

    Answer by HaydensMama07 at 12:39 AM on Nov. 13, 2010

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