Legal Question in Family Law in Florida

Adoption of a child with certain rights waived during signing of birth certifica

I was recently married to a female back of last year, who at the time had a child in which she carried and gave birth to by a different male. The male was the child father at the time of birth and was placed on the birth certificate as his father. A couple of months ago she took the father to court for child support and was ordered to pay the current child support and all back child support. At the time he was ordered to pay child support he had the option to give all his rights up and sign them all over to me and making me the legal gaurdian. At the time I was alright with this and had no problem with it until my father told me that if I was to do that it would give her the legal right if we were to divorce to take me to court for child support being that I am on the birth certificate. Is there a way for me to sign the birth certificate and protect myself in the later future, by signing a waiver in court saying that she could not hold me responsible for a court order child support if we were to divorce? If so can you advise me of how I may go about doing this in the legal way.


Asked on 3/04/02, 4:25 am

1 Answer from Attorneys
Sanford Martin Martin Law Office

Re: Adoption of a child with certain rights waived during signing of birth certi

You can't assume parental rights and obligations through adoption and later refuse to pay child support. You can't have the rights without the obligations. If the biological father gives up the parenting right and consents to your adoption of the child, you are the legal father, and in the event of divorce, would be responsible for support. Of course, in the event of death of the mother, you would be the sole parent, responsible for the child. If you can't accept the responsibility, don't adopt. Children deserve parents who will love and support them, and not wish to divorce them along with their spouse.

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Answered on 3/04/02, 7:15 pm


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