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[ElinoreSorbet]

What is the name of your state (only U.S. law)? Tennessee. My brother recieved paternity results today on a child he didnt believe was his. This is 6 mos later after she was born. He wants to terminate his rights with the child not to get out of child support but because the woman has a new boyfriend in her life, with no intentions of marrying my brother. My brother would like the child to be adopted by whomever she marries. What are the rules involved with terminating parental rights? She is telling him she wont let him give them up, does she have the right? I need help asap please...this is a decision effecting my whole family.What is the name of your state (only U.S. law)?

 

[Antigone*]

What is the name of your state (only U.S. law)? Tennessee. My brother recieved paternity results today on a child he didnt believe was his. This is 6 mos later after she was born. He wants to terminate his rights with the child not to get out of child support but because the woman has a new boyfriend in her life, with no intentions of marrying my brother. My brother would like the child to be adopted by whomever she marries. What are the rules involved with terminating parental rights? She is telling him she wont let him give them up, does she have the right? I need help asap please...this is a decision effecting my whole family.What is the name of your state (only U.S. law)?

Your brother is now a father. Terminating his rights are not going to happen. Your brother should be ready to take the responisbility on. He should participate in visitation and child support as ordered to do so.

Next time maybe your brother will decide to behave differently with his partners.

 

[nextwife]

Why does your family think another man should become legally responsible for brother's child? Brother has a child, he doesn't need to be married to Mom to co parent his child. He needs to file for parenting time, shared legal custody and decision making and become an active co -parent in his child's life. At less than a year old, the child will easily develop a bond with their Daddy if he makes the effort. I didn't know my daughter until she was more than two, and she bonded readily to s9omeone who had been a total stranger to her.

 

[enjay]

Yeah, it doesn't work that way. If in the future the mother gets married and if that relationship lasts and her husband bonds with the child, then she can attempt to have the father's rights terminated so her husband can adopt. It is too late for your brother to decide that he doesn't want to be a father.

 

[ElinoreSorbet]

My family doesnt think he should give up his rights to the child. The mother however has had a new boyfriend since before the child was born..who has bonded with the child and tattooed her name on his body. He was there for her birth my brother was told he couldnt be there when she was born. Now my brother has a girlfriend who he plans on marrying and the mother of the child is telling him that if he marries her he wont be able to have custody of the child or excercise his parental rights...is that fair?

By the way my brothers new girlfriend is a great person I have spent alot of time with her, and she is willing to stick by my brother in whatever decision he makes...

 

[happybug]

Well, since this is NOT about the child support. Your brother is not required to have a relationship with the child. He does not have to terminate his rights for that to happen. He can just choose to not have contact with the child while he continues to pay his child support. If it is not about the child support, it should be a win-win situation.

 

[Antigone*]

My family doesnt think he should give up his rights to the child. The mother however has had a new boyfriend since before the child was born..who has bonded with the child and tattooed her name on his body. He was there for her birth my brother was told he couldnt be there when she was born. Now my brother has a girlfriend who he plans on marrying and the mother of the child is telling him that if he marries her he wont be able to have custody of the child or excercise his parental rights...is that fair?

By the way my brothers new girlfriend is a great person I have spent alot of time with her, and she is willing to stick by my brother in whatever decision he makes...

I don't get you. You want things both ways. Your mom wants in on this girl giving birth but yet you are asking about rights being terminated.

Let's get something straight here:

Your brother was not legally a father until he had been declared so by the courts. He and the child's mother will put together a parenting plan. He will pay child support and he will get visitation. Mind you, it will be graudated visitation.

The child's mother will have no say what your brother can and can't do when he has the baby during his parenting time, just like your brother has no say about the baby during her parenting time.

Now that your brother has been legally declared daddy, he should make his way down to the courthouse and speak to a family law facilitator.

You and his mom and the rest of the family need to let the new daddy take care of business.

 

[ProSeDadinMD]

... Now my brother has a girlfriend who he plans on marrying and the mother of the child is telling him that if he marries her he wont be able to have custody of the child or excercise his parental rights...is that fair?...

Tell your brother to stop listening to her for legal advice.

If your brother files to establish paternity/custody/visitation/child support, it won't be Mom's choice for him to "have custody of the child or excercise his parental rights". He should have no problem getting joint legal custody, and ample visitation(if not shared physical custody) in the long run.

 

[ElinoreSorbet]

The other thing that we are concerned about and want to know if the state of Tennessee has the right to put my brother in jail for the back child support, tech is 6 mos behind...does anyone know if that is possible because if they do that how will he ever be able to get ahead and take care of child support

 

[happybug]

In reading your second post, your brother needs to find an attorney. The mother of the child can't decide if your brother gets to have a relationship with his child once there is a court order. He needs to get to court and file for paternity and a parenting time schedule. Once his parenting time is court ordered, he WILL be able to see his child and the mother will not be in control of the situation.

 

[ElinoreSorbet]

My mother and I are not involved in his decision making. The only thing I am doing is asking for advice so no need to chastise me. My family wants him to stand up and take care of the responsibilites and we dont condone was he did only thing we can do is move forward. Hence the advice.

 

[Antigone*]

The other thing that we are concerned about and want to know if the state of Tennessee has the right to put my brother in jail for the back child support, tech is 6 mos behind...does anyone know if that is possible because if they do that how will he ever be able to get ahead and take care of child support

He is not six months behind unless the court ordered child support to be paid six months ago. He does not have to give this woman a dime until he is so ordered by the court.

Brother needs to educate himself a little bit about what the next 18plus years will bring.

 

[ProSeDadinMD]

The other thing that we are concerned about and want to know if the state of Tennessee has the right to put my brother in jail for the back child support, tech is 6 mos behind...does anyone know if that is possible because if they do that how will he ever be able to get ahead and take care of child support

How'd the support order come about?

 

[Proserpina]

How'd the support order come about?

Good question...

..I'm thinking that Mom may have been able to get a very recent order made retroactive to the child's birth. While not common, it's not impossible...either that, or there is a major lack of communication going on about the child support issue.

 

[Antigone*]

Good question...

..I'm thinking that Mom may have been able to get a very recent order made retroactive to the child's birth. While not common, it's not impossible...either that, or there is a major lack of communication going on about the child support issue.

I've got an even better idea. The OP doesn't have the whole story but this is her brother's baby. Don't you think that is a bit more plausible...who knows.