Legal Question in Family Law in Missouri
father agrees to relinquish rights...
I am currently 6 months pregnant. The father and I were never married, but engaged for a year or so. I live in Missouri, and he is from upstate NY, and currently lives there. My baby is due in June, and we both agree that him signing away his rights would be the best thing for the child. He is heavily invloved in a witchcraft cult, sometimes thinks he is a vampire and has admitted to drinking blood. He also has been diagnosed bi-polar and refuses medication. I got pregnant while on birth control before I found out about the things he was doing. (when I met him he was in seminary to be a youth pastor)
I know that most states only allow the father to give up his rights if there is an adoptive father in the wings...but since this case has what I believe to be extinuating circumstances, would a judge consider allowing my ex to give up his rights?
Can we just sign the appropriate forms agreeing that he is not legally responsible for this child in any way? Also stating that he has no rights to visitation? I believe that this would be the best thing for my child, and he agrees. Please help if you can. Thank you!
1 Answer from Attorneys
Re: father agrees to relinquish rights...
Under Missouri law as I understand it to be, the man who you believe to be the father of your baby has no legal rights or obligations concerning the child once it is born since you will not be married to him and there has been no Court Order of Paternity. If this man simply removes himself from your life and the life of your child, you may not need to do anything at all. However, in the event that this man eventually comes to a point where he wants to see the child, he can file a Paternity suit to establish his legal rights (and duties). Also, if you apply for certain public assistance you may be required to name the father of the child and the state agency involved may seek a Declaration of Paternity so that an Order regarding child support may be issued and enforced. As a condition of receiving the state aid you will be obligated to cooperate in the state's efforts. In any event, I would urge you to consider the needs and the rights of the child once the child is born. I am sure that you will want to do whatever is in the best interests of the child. Good luck.
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