Should a father who signs his parental rights away be held responsible 10 years later?

Mama Pastafarian

You should not have to pay any support from the date that her husband adopted the child. At that point, you were no longer the legal father, the adoptive father was.

The only period that you MIGHT be liable for is the 5 years that she had the child when on the run, and only then MAYBE if she was getting welfare for the child. The state might try to make you pay it back to the state. But they shouldn't do that since you had legal custody and she had kidnapped the child.

HIRE A LAWYER NOW!

JWM

The issue of back child support should have been raised when you agreed to forfeit parental rights. Most states won't allow you to sue for back child support once a child turns 18 (unless they are going to college and the custodial parent is looking for college money - but that wouldn't apply in your case because of the forfeited rights.)

Since you were the custodial parent the entire time she was missing with your son, you are not responsible for child support for that period. I'd definitely get a lawyer to make sure your rights are being defended.

gump138

I think if you knew the child support was due to your child then yes. But if not that's crazy and you need an attorney. Bad!!!

tictak kat

I am sorry for your situation, life isn't always fair. I know you probably already have an attorney, if not get one that will be sympathetic to this sort of situation. Sounds totally un fair and illegal to me. God bless, and good luck

SPAWN-DA BAMBRICK

you got a real bad attorney and are screwed.. have a great day.

and just for the record I beleieve not one word of your "kidnapping" story... but im sure it will make someone think out there..

rxjkl

Adoption is supposed to resolve the need for child support. After all The adoptive father in now the legal father. After signing your rights away you don't matter as far as the state is concerned

michattorney

Hi,

I answered this under your other posting. *Simplifying what I said in the other post* Since your child was in Michigan, the law was not followed regarding termination of parental rights. You ARE liable for ALL of the child support, since your rights were never extinguished. As well, you will most likely be convicted of the felony unless you can cut a deal to reduce to dismiss the charge (dismissal may be possible if you pay the ENTIRE arrearage --- more than most would have on hand for that many years- a reduced charge may be possible if you can come up with a big chunk). Failure to Pay is strict liability here-not knowing is no defense- Good luck either way!

k_albarron

I think if you give up rights, you should be giving up all responsibility. If you are not allowed to be their father, you shouldnt have to pay for them either. Thats just my opinion.

Calvin S

You say that you signed away your rights. What exactly did you do? Check the document. Was the document filed in a judicial proceeding? Did your wife's current husband actually adopt your child and was the adoption finalized and recorded in a court proceeding? Were your parental rights actually terminated by some court order? If your parental rights were actually terminated and you did not agree to any continuing support provision, then legally you are not obligated for the support of your biological child. You definitely need an attorney to represent you. Do not agree to any settlement or compromise with the prosecutor until you have an attorney review the matter. Simply agreeing to allow the then current husband to adopt does not complete an adoption -- unless there is a court order approving the adoption, it may have never occurred. Get legal help right away. Contact the local bar association or a pro bono group if you cannot afford to pay an attorney. You may be exposed to significant liability.

Harold T

wouldnt think so but laws are funny you need 2 check in state you live or get a lawyer

Donna96002

If it was me in that situation I would contact all my resources and find out what my rights are and fight for them. Dont let them walk all over you....fight fight fight.

evlevo85

If you have custody papers from the first court case I'd think that those would clear you. If not those how about the adoption decree papers ? If you have those papers
you should be able to show those and prove to the Department Of Human Services that the charges against you for back child support are incorrect.
Agree with other answers that you should get a attorney.
Here are a couple of links you might find helpful :
UNIFORM CHILD CUSTODY JURISDICTION ACT
http://www.law.upenn.edu/bll/ulc/fnact99/1920_69/uccja68.htm
Also you might find this helpful as well
UNIFORM ADOPTION ACT (1994)
http://www.law.upenn.edu/bll/ulc/fnact99/1990s/uaa94.htm
CHILD SUPPORT FAQ'S LEGAL ADVICE & HELP
http://www.worldlawdirect.com/article/716/Child_support_FAQ%27s_--_Legal_advice_and_help.html
MORE SITES,MOST ARE FREE :
http://www.law.cornell.edu/wex/index.php/Special:Allpages
http://www.lawguru.com/index.php
http://www.wwlia.org/homepage.html
http://www.findlaw.com/
http://www.law.indiana.edu/v-lib/
http://www.megalaw.com/
http://www.lawsource.com/also/
http://www.selfhelplaw.com/
http://www.cafelaw.com/

lil am_27

The kid is 23 years old and they are just now coming after you? That girl first of all is really scandalous, and second of all get an awesome lawyer and screw her right back. You know they say money isn't everything, but with enough of it, in the end, that dirty B*tch will be paying you restitution for all the pain and suffering!

dude

This is just your side of the story..I am sure her side is not identical...this is why there are courts...The way you say it it sounds like you were screwed all the way through...once again Icannot side with you though because I do not know what she has to say...and I would rather not...that is why we have curts..though they don't always get it right either..the child is now 23 years old..I fel for him.

aout

Get a lawyer now.

If you signed away your parental rights, I don't think you should be paying child support, since this should state that the child is no longer legally yours.

CRYSTAL S

i know that in the state of Texas you can not be held accountable if you signed your rights away....call a lawyer most give free consultations

Lindsay G

If you still had parental rights during those ten years, then yes you probably should pay some kind of support fines. Or work out something with your chid, seeing as how he is well over 18, maybe pay for college or something. This is support is for your child, who had nothing to do with the mother decisions. Don't make him suffer because of her actions.

It would also be a good idea to get a lawyer, but remember no matter what anyone says or what a writen statement says, you will always be this childs father, in one way or another.

boo

you need an attorney.

lola

not me, but that sounds rong, hope u make it out allright. sorry about whats happened to u

NeO Anderson

anothing can hapen in police state america

u can do serios time for runing over a dam cat and not stoping

to rush the animal to the hospital:),

TKO

My personal opinion is no--you shouldn't be held accountable for back payments.

Why are you being held responsible if her husband adopted?

Do you live in separate states? Are the laws the same in both states?

Contact an attorney. This one sounds complicated.

amosunknown

You can be held responsible for all unpaid support up until the point that the child was adopted. Unless I understood it wrong.

Get a lawyer.

mand

You are not responsible for child support after the day the childs stepfather adopted him, but you can be held responsible for any child support you failed to pay before that date.

I suggest you get an Attorney quickly. You should not be responsible for any support due after the adoption, only before, plus penalty, plus interest, plus court fees.

â˜†The-Siren

No matter what the law says, i dont believe u can just cut off relations like that. However, if u havent had influence on him then i dont think u should be held responsible. Or maybe its because of the lack of influence that he turned out this way.
â˜†

Drofsned

Yes, you never stop being a father!

sugaree

it doesn't sound right, get an attorney.

NONAME

You are so getting screwed!! The man that adopted him should be paying the bills not you if you gave away your rights. Hire an attorney.
Good Luck :)

kimmylouwhoo

Um you allowed the kid to be adopted by another man and you didn't pay support for the child even though you know it is yours. I'd say you tied yourself in a knot with this one. Why wouldn't you pay for your own kid? Of course you should be held responsible,regardless of whether or not she took the child, you still agreed to what happened in the aftermath;and choosing not to support your child is your own fault.

jana4390

i don't think u should... ur not his legal father therefore u r not accountable for child support.

Roseknows

In the first place, you should have not signed away your parental rights. But since you did, you are not the putative father. The father who adopted her is. Get a lawyer. You absolutely have to have a lawyer in this case because this is a really rocky area of family law, due largely in part to that nasty Janet Reno ***** who now resides in Florida.

(My opinions aside, that woman has done more to debase the integrity of fathers in custody battles more than any other person in the history of the U.S.)

In the first place, child support and visitation are two very distinct and separate things. One is NOT equal to the other.

I would think that signing over your parental rights either wasn't done properly or else the adoption didn't go through. You absolutely need a lawyer here. Absolutely a must.

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