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Having a father sign non-paying child support for unborn child?

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ddism

Junior Member
What is the name of your state (only U.S. law)? Atlanta, GA

How would one proceed if the biological parents of an unborn child want to create a document where it says the father doesn't have to pay child support for 18 years?

Mother is 3 months pregnant and wants to assure father she won't come after father for CS.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Atlanta, GA

How would one proceed if the biological parents of an unborn child want to create a document where it says the father doesn't have to pay child support for 18 years?

Mother is 3 months pregnant and wants to assure father she won't come after father for CS.


Not legally enforceable, I'm afraid.

Of course, both parents can consent to the child being adopted - that will ensure neither is financially responsible for the child.

They also won't have a child, either, legally speaking.
 

ddism

Junior Member
Not legally enforceable, I'm afraid.

Of course, both parents can consent to the child being adopted - that will ensure neither is financially responsible for the child.

They also won't have a child, either, legally speaking.
Well the mothers wants a baby but father doesn't. Mother has agreed to free father of CS. How would father make sure he doesn't get sued in future?
 

Proserpina

Senior Member
Well the mothers wants a baby but father doesn't.

They should have thought of that being doing the deed.


Mother has agreed to free father of CS. How would father make sure he doesn't get sued in future?


Mom can have her new/current husband adopt the child.

Outside of that, it's not going to happen.
 

Ohiogal

Queen Bee
Well the mothers wants a baby but father doesn't. Mother has agreed to free father of CS. How would father make sure he doesn't get sued in future?
Is mother on medicaid? Will she be on food stamps? Welfare? Title XX?
 

mistoffolees

Senior Member
What is the name of your state (only U.S. law)? Atlanta, GA

How would one proceed if the biological parents of an unborn child want to create a document where it says the father doesn't have to pay child support for 18 years?

Mother is 3 months pregnant and wants to assure father she won't come after father for CS.
Write the agreement on toilet paper and flush it down the toilet. That's how much good it is.

Well the mothers wants a baby but father doesn't. Mother has agreed to free father of CS. How would father make sure he doesn't get sued in future?
Then Mom should have used a sperm donor (assuming that the parents aren't married).

The way it works is this:
- If Mom never asks for child support and if Mom never relies on state benefits (welfare, food stamps, etc), then Dad doesn't have to pay anything.
- If Mom changes her mind later, she can file to establish paternity and ask for child support - and it will be ordered.
- If Mom ever goes on state aid for the child, the state will ask for child support - and it will be ordered.

There's no way around any of those things. As long as he's alive and the child is under 18, there is absolutely no way for father to ensure that he never gets sued.
 

ddism

Junior Member
Thank you for all your help. You have all been very kind.

What if mother marries while she is pregnant and husband signs birth certificate? Or if she marries after pregnancy.?
Can she still sue bio father considering marriage with another man/stepfather?

And what if mother and stepfather/husband divorce then sue bio father for cs?
 

Isis1

Senior Member
Thank you for all your help. You have all been very kind.

What if mother marries while she is pregnant and husband signs birth certificate? Or if she marries after pregnancy.?
Can she still sue bio father considering marriage with another man/stepfather?

And what if mother and stepfather/husband divorce then sue bio father for cs?
are you doing homework?
 

Zigner

Senior Member, Non-Attorney
Thank you for all your help. You have all been very kind.

What if mother marries while she is pregnant and husband signs birth certificate? Or if she marries after pregnancy.?
Can she still sue bio father considering marriage with another man/stepfather?

And what if mother and stepfather/husband divorce then sue bio father for cs?
The answer to your broad hypothetical scenarios is: It depends.
 

Proserpina

Senior Member
Thank you for all your help. You have all been very kind.

What if mother marries while she is pregnant and husband signs birth certificate? Or if she marries after pregnancy.?

If she marries before the birth or within a certain time period after the birth (often around the 300 day mark), the husband is considered to be the legal father.


Can she still sue bio father considering marriage with another man/stepfather?

No. I have no idea why she'd think that would be possible.

Bio father has no rights or obligations. Mommy can't have it both ways. Her husband is financially responsible for the child.

And what if mother and stepfather/husband divorce then sue bio father for cs?

Not happening.

And seriously - we're not going to walk you through every "what if".
 

Zigner

Senior Member, Non-Attorney
If she marries before the birth or within a certain time period after the birth (often around the 300 day mark), the husband is considered to be the legal father.
I think you are thinking of a couple that WAS married when the child was conceived but got divorced before the child was born...

If the two people get married AFTER the baby is born, that does not create a presumption of paternity.
 

Proserpina

Senior Member
I think you are thinking of a couple that WAS married when the child was conceived but got divorced before the child was born...

If the two people get married AFTER the baby is born, that does not create a presumption of paternity.


Here's me slapping my face.

Apologies - yes, that's what I was thinking. Sorry.

:eek:
 

ecmst12

Senior Member
Mom CAN absolutely still pursue biodad even if she's married to someone else when the child is born - as long as she does it quickly. In most cases if she waits 5-10 years allowing husband to be the presumed legal father then he will remain the legal father forever, but if she files soon after the child is born? Then a DNA test will be ordered to establish correct paternity and bio dad will become legal dad, despite mom's marriage to someone else.

And for consistency's sake, dad also can't create a legally binding document saying he will never seek visitation of the child. He will have the right to get to know his child any time before he/she becomes an adult. And of course after that it will be up to the adult child whether to have a relationship with him.
 

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