I'm currently fighting for custody and the mother (respondent) is rejecting everything. She doesn't want me on birth certificate, claim on taxes, to have no visitation, not my last name, and the list goes on. She pretty much wants me to pay her child support but have no active part in her life. At this rate I might as well give up my rights since I don't have any.... Can I do that and not have to pay CS?
Wait a minute. Parental rights are not something the mother GIVES you. It is something you go to court and GET. Idaho courts will support your right to meaningful contact, decision-making authority, visitation, name on birth certificate, tax benefits, and the list goes on. You must file a Petition for Filiation, and if properly requested, the Court will declare your paternity, order a corrected birth certificate, change the child's name, decree your rights to legal and physical custody, and order support as provided in the Idaho Child Support Guidelines. Retain local experienced family counsel without delay, and teach this selfish mother that she is not in charge.
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.
If you consent to the termination of your parental rights, and someone is ready and willing to step in and adopt, generally a court will grant the termination in conjunction with the adoption. If no one is there to adopt, however, you cannot eliminate your legal obligation to financially support your child by unilaterally terminating your parental rights. You have rights as the father despite what mom says. You need to assert them if you want a relationship with the child. On the other hand, if you are not going to be a parent to the child and care for him or her, then you should consent to terminate so long as there is a person who can provide proper care ready an willing to adopt in your stead. Best of luck.
If you want custody, you should fight. You need to motion the court to test for paternity unless you have already signed an affidavit of paternity. You may also need to register with the putative father registry prior to bringing an action for paternity and custody. I am unclear what she has filed. Has either you or her filed for custody orders with the court? Has she filed for child support or has the state? There are lots of details that affect your question.
If you're simply asking if termination will prevent you from paying child support, the answer is in short yes - but the long answer is that the state won't terminate your rights unless there's another person to step up to be responsible for the child. As far as the law in concerned, the child has a right to two parents and they won't let you off the hook for support and leave the child short one parent.
While it is possible to voluntarily terminate your parental rights, usually the court requires that another party adopt so that the child is not left with one parent only. You should talk with an attorney to understand the specific requirements and process in order to do this. If you would like to have enforceable custody right with your child, however, Paula is right, the law will support you in your efforts to obtain an order that will help you to enforce those parental rights that you already have.
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