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If a father waives his parental rights & the child is not adopted by another is he financially obligated to care for child?

Watertown, NY |

I am located in the state of new york and have filed for child support against my daughters father. I would like to know would he still be financially obligated to care for my daughter if she is not adopted by another individual even if he waives his rights or would I no longer be able to receive support for my daughter?

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Attorney answers 2


If the father's parental rights have not been terminated, then you would be able to get child support for her. In New York, a parent cannot simply waive their parental rights to avoid child support; parental rights must be terminated either by adoption or by someone (usually DSS) petitioning to terminate the parents rights.


The waiver of perantal rights is essentially meaningless, the state cares most about ensuring someone will be responsible for the child financially...

if the person is on the birth certificate or you were married at the time of the birth it would be presumed that he is the legal father and support would be ordered until terminated by a court order...

If he is not on the birth certificate or you werent married then you may have to establish paternity first before collecting child support.