Legal Question in Family Law in Washington

Child Support

My baby's father and I were going to give our daughter up for adoption. We both signed our rights away before she was born. After she was born, the adoption fell through, and custody was granted to me. The father and I both signed a Paternity Affidavit. We have a child support case that has been closed, and the father has not paid me a dime since she was born last June. My question is: since the adoption fell through and I got my rights back, does he have his rights too? Because if he does, doesn't that mean that he can request visitation? I want to be the only parent with rights, but I also want child support. How do I know what is going on? He also is in denial that she is his, and wants a paternity test even though it is past the 60 day mark of the Paternity Affidavit. Help?


Asked on 5/22/08, 7:06 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: Child Support

This situation is going to depend on facts you have not provided. Has a court terminated his parental relationship? If it has not then his waiver is only available as evidence to support terminating his parental relationship, and the waiver was probably only for the purpose of adoption, and since that did not occur he still has a legal relationship. Although as processes they are separated, child support and relationship (residential time) are based out of the same legal condition (relationship with the child). A parent's relationship can't be terminated for parenting and not terminate support. If there is a reason that the residential time should be restricted that can occur, but that is going to require facts showing factors that support that restriction.

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Answered on 5/29/08, 7:28 pm


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