At 16 it is the childs' choice. The errant father certainly has no legal rights to the child. Laws pertaining to child custody are set by the state in which the minor and his/her custodial parent or legal guardian have established residency. Although a father has not been involved the child's life it does not automatically exclude him from filing a custody petition. Parental rights can only be terminated in two ways, voluntarily or by order of a court of jurisdiction. As long as the child is deemed a minor pursuant to the laws of the state of residency, age is not a factor. In most cases the judge presiding over a custody hearing would take into account the wishes of a sixteen years old.
An unmarried father cannot "choose" to not pay child support. The laws in every state require that a father pay for the support of his child. The mother must bring an action to the appropriate court so that a child support order can be established. Visitation rights are separate and a father can have visitation rights established by the court. Visitation rights are not dependent on paying child support.
Paying child support will not cause the father to lose his parental rights - neither will not paying child support.
depending on your state the single mother has all the rights to the child. In South Carolina that is how the law goes. Although you were engaged you were not married so you have all the rights to the child. Which means you could sue him for child support if you wanted to.
with adoption
Yes. The court's job is to decide what is in the child's best interest. Even if the father does not want to see the child, why would it be in the child's best interest to give up child support for the child? There are, of course, exceptions, such as when the father is so bad for the child that giving up child support is better than having him around.
if the mother terminates her rights can he collect child support from the mother if child lives with him?
Child support would generally go to the person raising the child. Mother might even be ordered to pay to father.
no the mother should have the legal obligation to take care of the child
You can sign your rights away but you will still have to pay child support if you are the father or mother of the child. There is no way to avoid paying child support.
An unmarried father cannot "choose" to not pay child support. The laws in every state require that a father pay for the support of his child. The mother must bring an action to the appropriate court so that a child support order can be established. Visitation rights are separate and a father can have visitation rights established by the court. Visitation rights are not dependent on paying child support.
Who legally adopted the child?If the mother's new husband legally adopted the child, then the biological father's parental rights had to be terminated first. Which means that the biological father is NOT obligated to pay child support anymore. The new adoptive father has taken on all rights and responsibilities for the child.
yes, unless the child is adopted
Paying child support will not cause the father to lose his parental rights - neither will not paying child support.
Child support and visitation rights are two separate issues and they are addressed separately. The father's paternity must be legally established in court if the parents are unmarried and the mother seeks child support. Once paternity has been established, the court will issue a child support order based on state child support guidelines. In addition, once paternity has been established the father has the right to petition for a visitation schedule. If the father fails to pay his child support he is still entitled to visitations. In that case, the mother would need to pursue the child support arrears by filing a motion for contempt of the child support order.
no
First, without a court order, the mother cannot prohibit the father from seeing the child. If he has not voluntarily given up his rights to the child, and a judge has not created a custody schedule, the father has as much right to see the child as the mother.Second, if the father does voluntarily give up his parenting rights, or a judge does involuntarily remove his parenting rights (or awards full custody to the mother), the father would still owe child support until his child reaches the age of majority and has graduated high school.
None of them can sign over anything. They can go to court and ask to have their rights removed and the custodial parent can ask to have the child support stopped but this means she can not get benefits before he has paid.