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Can my daughters father sign his rights over without my permission or concent???

Kingsport, TN |

I have a 3 year old daughter and her father has never been apart of her life. He has only saw her one time and he has never paid a penny of child support or helped her in any way. We have court in a few days (child support court) and he says he is just going to sign his rights over. I just need to know if he can do that without my permission or concent because i dont think its fair to her that he wont have to help and he can just take the easy way out. I am concerned that it would affect her negatively when she gets older. so can he just sign his rights over without my permission or concent?

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Attorney answers 2


No, he can not do that. He is going to be required by the Court to pay child support, and if he fails to do so he will eventually be held in contempt of Court and placed in jail in order to induce compliance with the Court's order. If he has a job, ask the Court to issue a wage garnishment so that he doesn't have choice about whether he is going to pay child support. Best of Luck!

Jayne Alyce Dykema

Jayne Alyce Dykema


It is his obligation to support his child, whether or not he chooses to have a relationship with her. Go to court whenever there is a hearing on your case, to make sure he does not lie and to keep the court informed. He should also be required to help you with health expenses and child care.


Technically he could surrender his rights without your permission, although most courts find this against public policy, unless there is someone in line to adopt such as a step-parent. Even if a court accepted a surrender or his rights were terminated he would be still responsible for the child support as only an adoption would sever his duty to support.

Legal Disclaimer – Nothing contained in this response creates an attorney-client relationship, all information is provided as informational ONLY. This is not legal advice and should not be relied on as such. If legal advice is your intention please contact V. Michael Kurtz directly. V. Michael Kurtz is not a specialist and does not claim to be a certified specialist by the Tennessee Commission on Continuing Legal Education. I am not your attorney until retained and we have a contract and payment has been made.

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