Legal Question in Family Law in California
giving up parental rights
my husband cheated last year and the girl said she was pregnant, threatned to call the cops on him and threatned to have someone beat up my husband. that was almost a year ago. we haven't heard from for almost a year. my husband doesn't think it is his. he got child support papers in the mail, and scheduled to take a DNA test to establish paternity. we didn't even know a baby was born. we went to talk to a lawyer about giing up his parental rights. and he said that the courts won't let him. she told us that he can't see her daughter and she wants nothing to do with him, and he feels the same, but she wants him to pay support. can he give up his rights or not. if he does will he have to pay support. and what does the judge look at when making his decision, and how often does a case like this win. we have a son together and a home and bills and i know that the judge doesn't care about that but doesn't that make a difference?
3 Answers from Attorneys
Re: giving up parental rights
The court generally allows a parent to give up parental rights and be relieved from the payment of child support when there is an adoption of the child. He should take a the dna test and if he is the father of the child he should then demand visitation and should regularly visit with the child. The greater the amount of visitation the lower the child support. Just remeber that the child is the innocent party in the situation.
Re: giving up parental rights
It's the old story - if you're gonna play, you're gonna pay!
Absent an adoption,the court does not have the power to allow your husband to terminate his parental rights.
Your husband needs to file a Peternity Action to establish if he is the parent. During this action he may request a paternity test. However, if the Department of Child Support Services is involved, he may arrange the test at that time.
Assuming your husband is indeed the father, then your husband needs to file for as much visitation with the child as he can get. The more visitation - the less support to pay.
However, this child was born without being asked, and the child is entitled to have financial support and two parents. If your husband is the father then he needs to "stand up to the plate" and take responsibility for his child. He also needs to do all he can to support his child and help him/her grow up with stability and security with love and understanding from two parents and, for that matter, step parents.
Regards,
Damian Nolan
Re: giving up parental rights
Recommendation you do not give up parental rights. However, if you are the dad, you will be responsible for child support. Do not do without doing tests. Once made responsible by court, may not be let out of order even if later found not to be father, so do paternity test. If mom not allow, then get court to order.
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