My sons father wants to sign over his rights but he is not on my sons birth certificate

Asked 8 months ago - Las Vegas, NV

My sons father wants to sign over his rights because he will be placed on child support because he refuse to be a man and take care of responsibility but he is not on my sons birth certificate so does he have to sign over any rights ?

Attorney answers (3)

  1. Howard M Lewis

    Pro

    Contributor Level 20

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    Answered . Has biological father has acknowledged paternity? If so a Nevada court can terminate the rights of a parent relating to a child, declaring that child free from the custody and control of either or both of his parents. In all such actions, the best interests of the child is the primary consideration, which is examined in conjunction with a finding of parental fault. An order terminating parental rights cuts off all aspects of the parent/child relationship; both rights and responsibilities (such as to provide child support). While a parent can choose to “relinquish” parental rights, a parent cannot voluntarily “terminate his parental rights and obligations,” unless a court deems it to be in the child’s best interests. I suggest you contact a local family law attorney to discuss your options. Good Luck.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Israel Lynda Kunin

    Contributor Level 15

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    Lawyers agree

    Answered . If he has been found to be the legal/bio father, his name on the birth certificate is irrelevant to whether he has parental rights. Another words, if there was a step parent wanting to adopt, bio father's rights would have to be terminated even though his name is not on the birth certificate. A person cannot "give up" parental rights. But you can choose not to pursue him for child support. However if you receive state assistance, the state will go after him for reimbursement.

  3. Paula Brown Sinclair

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Ah, the fantasy of every deadbeat parent . . . . .that signing something will excuse them from paying child support. This is not how things work. When his paternity is proven as part of the establishment of the child support obligation, nothing short of a court order terminating his parental rights will stop the support obligation, and the court won't terminate unless a petition for adoption is filed.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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