Legal Question in Family Law in New Jersey
Signing over parental rights
Here's is my senario: I am a single man and I got a married female pregnant. She already has a 6 yr old with him. She wants to keep the child and I do not. Her husband knows and whats her to leave, and eventually get a divorce. I don't want anything to do with the child to be. The female is ok with me not having anything to do with it. How do I sign my parental rights over to her, and does that make me liable for any child support, or am I free and clear Financially? Also how do I obtain those forms and do I need her conscent, and does it have to go to court to do. Also if I sign the rights over to her, And I die does the child to be get all of my possessions or any, even though it's not built into my will. And could that child potentially sue me down the road for anything. I just need to look at every senario. Thanks In Advance
1 Answer from Attorneys
Re: Signing over parental rights
Your inquiry indicates the potential for significant legal conflict among yourself, your paramour, her husband, and your child.
As the natural parent of the child, and given the anticipated divorce between your paramour and her husband, you can anticipate being charged with the obligation of child support. Note the difference between your parental "rights", which under some circumstances can be relinquished; and your legal "obligation", e.g. to provide for the child's support. It may be possible to argue that your paramour's current husband should be responsible for the child's support in the event of a divorce, but it is unlikely the husband will voluntarily pay child support for this child.
You can enter into a voluntary child support arrangement with your girlfriend, but this must be approved by the court. Ordinarily, if the child support arrangement deviates from the child support guideline amounts, there must be some justification for the deviation.
Concerning how you want your estate distributed upon your death, you would also need the assistance of an attorney to draft a Will and possibly assist you with an estate plan. Yes, it is possible to exclude the child from benefitting under your will. However, depending on the circumstances, the child might be able to challenge the terms of the will in a future probate proceeding.
Concerning whether your child could sue you "down the road", yes, depending on the circumstances, that child might or might not develop a viable legal cause of action against you. Of course, that does not mean the child would win the lawsuit.
I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:
(973)-605-8995
[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]
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