Legal Question in Family Law in Illinois
can the father give up his rights?
My fiance had sex w someone a month before we ever met. He was at a party and woke up to a girl having sex w him. They never spoke again. 1year & 3mon. later, she said she had a baby & it might b his. We found out it is. We are just getting ready 2 get married & want 2 start our own life together. We don't want any part of the child. She had tricked a friend into believing it was his, & she went very far w it. What can we do to give up his rights? She has made it very clear that she wants a lot of money. We just want 2 know what our options are. How can we get her 2 agree to let us give up his rights? This girl has tried this w. other men. She also was in a mental inst. while she was pregnant. He would have never been with her. She did this on purpose when he passed out just 2 get pregnant. Is there anyway we can use that against her? Can we say if its $ she needs then 2 give us full custody, if not then he will sign away his rights? Maybe if she gets scard because she is so unstable that she would agree? We are good people & know this can sound cold, but we have to focus on our own relationship as it is just begigning. This was a very hard decesion and was not at all easy...please help...
4 Answers from Attorneys
Re: can the father give up his rights?
Although I have serious doubts about his story, the fact is that a parents duty to support belongs to the child and cannot be bargained away by a parent. The only way his parental rights and duty to pay child support would be to obtain a court order. The amount of child support is determined by father's income mother's income and the time the that child is with each parent. There are some other factors that can affect the amount of child support. You should contact an attorney regarding this matter and review the options.
Re: can the father give up his rights?
Your husband can sign away his parental rights in Illinois. However, that does not absolve him from paying child support. In Illinois, 20% of your husband's net pay (take home pay)is what he'll have to pay. Your pay DOES NOT count into it. Get a paternity test before he does anything. Please call for a free consultation.
Re: can the father give up his rights?
Your fiance "woke up" to find that a girl was having sex with him? This is a rather unlikely scenario and one that you, frankly, should call into question. Nonetheless, in Illinois, the biological father of a child may "give up" his parental rights, but not his parental obligations. In other words, if the child is his, he will be ordered to pay child support.
Re: can the father give up his rights?
We deeply empathize with that nature of your legal situation, and may be able to provide invaluable assistance in this matter once we get more background information on everything. For a free phone consultation, contact us directly.
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