Legal Question in Family Law in West Virginia
Child Adoption and Child Support Laws
8 years ago my husband had a child with his girlfriend and the lived in West Virginia. They split up & she kept the child. They were never married and he waived all his rights and moved back to California. He has been paying child support. He was contact and told that the ex girlfriends husband wanted to adopt my husbands child and they needed his agreement. (she now lives in Mississippi with her husband) My husband refused but took no action over it. First if he took no action could the adoption have gone through due to non-response? and second if this man did adopt my husband child is my husband still liable for child support?
1 Answer from Attorneys
Re: Child Adoption and Child Support Laws
The adoption should not have gone through without either his agreement, or him being served with papers notifying him of a court proceeding. However, you should check with a Mississipi attorney, since that's probably where the adoption was done. If the adoption was finalized, there should be no ongoing support obligation, since an adoption would terminate his parental relationship. However, he would probably still be liable for any support that was owed before the adoption.
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