Skip to main content

If my childs legal father signs over his rights since he dont want nothing to do with him will i still get child support?

Saint Peters, MO |

We are still going through the dna process through DFS

Attorney Answers 3

Posted

I'm licensed in California although generally no. If he has no custodial or parental rights then it's not his responsibility to pay child support.

Mark as helpful

1 lawyer agrees

Posted

You are asking a number of questions. Are you married to the father? If you are not married to the father was there an action filed in court to determine that he is father and to determine his rights and obligations as the father? If this has not happened, you can contact the Missouri Department of Family Services, Division of Child Support Enforcement. For St. Charles County case the telephone contact is (636) 940-3100. They will assist you in getting child support for the child. This is an administrative action, which means that this finding will not determine custody or visitation but will be to establish financial support for your child. Be aware the father can go through the Courts to establish his rights to custody and to visitation. You should consult with a family law attorney with your question and to fully examine all of your options.

This response represents general informational material only and is not intended to offer legal advice. You should not rely on or use information presented here without consulting a lawyer regarding your specific circumstances, changes to applicable laws, rules and regulations, and other legal issues. Representation: Use of this website does not establish an attorney-client relationship. Confidentiality: Communication through e-mail is not confidential. We may have prior client relationships or other potential conflicts that would prevent us from representing you or from treating your communications as confidential. For any information you consider confidential, please first contact us by telephone or make a personal visit. " The choice of a lawyer is an important decision and should not be based solely on advertisements."

Mark as helpful

2 lawyers agree

4 comments

Asker

Posted

I am married to a man but not the legal father. Dna proved the other man the legal father.

Ross W. Buehler

Ross W. Buehler

Posted

Was it a private DNA test or was the test ordered?

Ross W. Buehler

Ross W. Buehler

Posted

There is a legal presumption that if a child is born while you are married to your husband, that he is the father of the child, unless proven otherwise.

Asker

Posted

Test Ordered.

Posted

It depends on a number of things. First, are you saying that he is terminating his parental rights through a court order? There are only 2 ways to do that. One is through Adoption and the other is through a Juvenile Court proceeding to terminate his rights. Generally, through the Juvenile Court proceedings both parents' rights are being terminated, so I assume that is not what you are talking about, but if you are, then no you will not receive child support. If he is terminating his rights through an Adoption, then no, you will not receive child support. If what you are talking about in terms of signing over his rights is not a legal document that has been acknowledged and accepted by a court, then yes you will probably continue to receive child support if you have an administrative order or court order already in place.

This answer does not establish an attorney-client relationship. Feel free to contact an attorney to establish an attorney-client relationship by contract.

Mark as helpful

1 found this helpful

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics