Legal Question in Family Law in Washington

Legally binding document

I have a child with a man, who I have not yet told. I would like to tell him about the child, but do not want any involvement from him and do not want any child support in return. If I send him an email, releasing him of all parental obligations in return for the relenquishing of all parental rights, and he responds to the email with an agreement, does that email constitute a legally binding document?


Asked on 11/12/03, 1:50 pm

2 Answers from Attorneys

Jahnis Abelite ABELITE LAW OFFICES, P.S.

Re: Legally binding document

Attorney Preble is correct and I agree with his conclusions. There is no simple fix over the internet for this because children's and parental rights are very significant and cannot be dealt with in a manner as you have proposed.

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Answered on 11/13/03, 11:12 am
Gary Preble Preble Law Firm, P.S.

Re: Legally binding document

The simple answer is no. You cannot ultimately exclude the state regarding the welfare of children. Nor can he terminate his parental rights without court involvement.

Moreover, if you receive any public assistance, the state will go after the father for support.

For strategy purposes, telling the father may cause him to want contact or even custody of the child.

However, I believe the better route is to tell him and go from there. It will be better for the child to know its father; though if you marry, your husband may wish adopt the child with the father's consent.

As a practical matter, the agreement you propose may work just fine if the state never gets involved. The more time that elapses, the less likely it would be that he could obtain custody. And if it finally went to court, a court might not require him to pay back support as a result of his agreement. If I were he, I would want an attorney to draft the agreement.

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Answered on 11/12/03, 5:47 pm


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