If the question is "how does a mother sign away her rights to a child before the child is born so that the father can be the primary parent?". The answer is, she can't. Mothers and fathers alike will have rights and responsibilities to their children unless the state determines them to be unfit and terminates their rights OR unless a step-parent decides they wish to adopt and papers are filed for the termination of the mother's or father's rights so that the step-mother or step-father can adopt instead. If the question regards a mother who does not want to be a primary parent to the child and a father who wants to be a primary parent (the parents are in agreement). There should be no problem transferring custody to the father with or without the court's involvement. Either parent may raise the child without interference from the court as long as the other parent agrees. However, mothers, like fathers, may be assessed for child support in this situation. In the eyes of the law, the child's best interest is what matters and if a mother does not want a relationship with her child, the court is still going to hold her responsible, financially, for that child. Also, if the child wants to seek a relationship with the mother, the court would want the child to be able to know the mother and find the mother. Only in the case of adoption either by a step-parent or by another couple will the court sever the rights of a mother or father. No action concerning custody, visitation, child support or any issues concerning the child can be or will be addressed by the court until the child is born and parentage is established.
No. He can sign over his rights but he would still be liable to pay child support. The only time he doesn't have to pay child support is if a stepdad wanted to adopt the child, then the biological father doesn't have to pay child support if he signs his rights away.
NO. In most states the father of the child must be present at the time of birth to sign the birth certificate as the father of the child. It could, in reality, be any man who would be willing to take legal responsibility for the unborn child. A child will only automatically get the father's name if the two parents are married. Even if the father pays child support, the mother is not obigated to change the child's last name to that of the father.
yes,i think your husband can adopt your child.Without notification, the father can challenge. The man need not have ever signed or seen the birth certificate to still be ordered to pay child support.
He has the right to petition the courts for a determination of paternity and, if he is the father, the right to pay child support and petition for visitation.
No. It depends on when the TPR became final. If the child resided with the parent or a parent for the entire tax year then they may still claim said child as a dependent.
In all 50 states, you have to wait for the child to be born before you can forfeit your rights to a child.
yes
No. He can sign over his rights but he would still be liable to pay child support. The only time he doesn't have to pay child support is if a stepdad wanted to adopt the child, then the biological father doesn't have to pay child support if he signs his rights away.
No. The child has to be born before released for adoption. The father must consent because he has parental rights that are equal to the mother's.
If he is not the father of the child, he has no rights to sign over.
The answer depends totally on whether or not you were married to the child's mother. Any child born to a married couple is considered to be the legal child of the husband until proven otherwise. HOWEVER, if you were NOT married to the child's mother, then you have no legal rights, even if you are the father. An unwed mother who has a child is considered the sole legal parent of that child in most states. Even if you were proven to be the father - you have no legal rights without going to court , if you were not married.
no
yes
It ends if and when the child is adopted.
The law presumes that your husband is the child's father unless/until someone else's paternity is established.
Well, the first problem is the court of jurisdiction to approve. That would be the county and state where conception took place. Second, the court would decline the motion. see links
see related link below