Legal Question in Family Law in Massachusetts
child
me and my husband have 3 kids and live in MA. my husband recently found out he has another kid from another woman. the child is now 7. he hasnt been involved at all since the childs been born. he got a DNA test done which proved hes the father. he wants to sign over his parental rights and if he does will he be obligated to pay child support even with his rights terminated? there is no court order for child support.
2 Answers from Attorneys
Re: child
Your husband cannot just sign over parental rights and responsibilities unless there is someone willing to take them (ie someone asking to adopt?). He can volutarily waive visitation, but the obligation to pay child support remains until someone else adopts.
Re: child
The law will not simply allow a parent to abandon his or her child.
If someone were interested in adopting the child, your husband should be able to execute an adoption surrender. Adoption by another adult would terminate your husband's parental rigths and could be a wonderful gift to the child's real family.
This would terminate your husband's ongoing responsibility to child support, but would not terminate his obligation to pay any arrears.
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