Legal Question in Family Law in New York

Can a soon to be father give up voluntairly his legal parental rights before or after birth? If so how?

And if he can give up his legal parental rights, can the mother still seek child support from him? Or is child support ONLY collected if he does NOT voluntairly give up his legal parental rights?


Asked on 9/16/11, 5:56 am

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Q. Can a soon to be father give up voluntairly his legal parental rights before or after birth? If so how?

A. I don't understand your question. If your question is whether the father may, on his own, be deemed not the father, then the answer is no. If your question is whether the father may elect to not visit or have custody of the child, then the answer is yes.

Q. can the mother still seek child support from him?

A. Yes. However, the monther may seek child support only after the child is born. The father (non-custodial parent) may not waive child support, only the mother (custodial parent).

Mike.

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Answered on 9/16/11, 9:13 am


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