Legal Question in Family Law in California
I am currently 8 weeks pregnant, the father wants nothing to do with it and says when the baby is born to put someone else on the birth certificate, and if he doesnt dispute it in 25 days that makes it legal. However I would like him to have legal documentation written up stating he is signing over his rights, do I need to wait until the baby is born to do this or can I have it done now?
2 Answers from Attorneys
There is no way to abandon your legal responsibilities to your children in California, and therefore there is no way to abandon your rights either. The only exception is if someone else adopts your child, such as a step parent adoption, or someone else is willing to claim the child is theirs and basically lie to the authorities at the birth, sign a Declaration of Paternity, and be on the hook to support the child if you can't or if you decide you want support (and if you find someone that stupid, do you really want them to be the legal father of your child?).
Agreements between parents to waive child support are never enforceable in California. The courts won't enforce any agreement that attempts to do this.
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