Parental rights

[whitney'smom]

What is the name of your state? Kansas
My husband has just been found to be the father of a child that was conseved during an affair. He now nothing of the child other than hearsay until he got papaers to go for genetic testing. Now the biomom and her lawyer are wanting him to pay support and not have any rights to the child because he has had nothing to do with the child until now. We are wanting to know what his rights are. He doesn't have a problem paying the support but feels that it is not right for him to have to pay if he is not going to get to see the child. What are his options?

 

[VeronicaGia]

First and foremost, he needs to get a DNA test to prove whether or not he is the father.

If he is not, you do nothing.

If he is, the courts will establish child support. He will need to file a motion to establish visitation. The mother has no say, the judge decides on this. How old is the child? The judge may decide that, at first, he be given supervised visitation until the child gets to know him. If the mother didn't want anything to do with him she should have kept her mouth shut, now she's opened the door for him to be a father and support his child.

A good general info website:

http://ocse3.acf.dhhs.gov/ext/irg/sps/selectastate.cfm

Click on Kansas

 

[whitney'smom]

He has had DNA testing and we went to court yesterday to find out the results. He is the father of the child. The child is seven months old. But the mom doesn't want to let my husband see the child. The main reason for this is because she does not like me. But that is not a factor in this I know. I guess the question is, if she rufuses to let him have his rights will my husband still have to support the child?

 

[cyana]

As Veronica said...

He must file for visitation. As Veronica also said, it's likely to be supervised visitation at first. Visitation is his RIGHT; whether or not biomom likes you or not. When "Visitation" is granted by the court, biomom can be held 'in contempt' if she impedes access to your husband's child. Biomom can't have it both ways - CS but no vistation. CS and visitation have little to do with each other, unless there's a "termination of parental rights" involved, which doesn't seem to be the case here.

I'm sure you've heard this before but if my (now ex) husband produced a child with someone else, he'd be out the door. Anyway, good luck to you and and your husband.

 

[whitney'smom]

This has been hard for me to take, but all of this happened before we got together and got married. I have one other question, say for instance he would deside to give up his rights and not fight her. would he still have to pay the support? I am just wanting to see if this would be an option. thanks for all your advise.

 

[stealth2]

Unless she had someone who was willing to adopt the child, he'd still have to pay support.

 

[whitney'smom]

We were told in court yesterday that the biomom's exhusband has takeen responsiblity for this child and that is who she wants the child to have as a father. The child has her ex-husbands last name and he is stated on the birth certificate as the father. Does this change anything?

 

[stealth2]

There's a good question. I don't think the mother can have it both ways - that her ex is the father and your husband pays support. But her ex would have a difficult time adopting the child since they're not together. I suspect your husband is still on the hook for support.

 

[Boxcarbill]

What is the name of your state? Kansas
My husband has just been found to be the father of a child that was conseved during an affair. He now nothing of the child other than hearsay until he got papaers to go for genetic testing. Now the biomom and her lawyer are wanting him to pay support and not have any rights to the child because he has had nothing to do with the child until now. We are wanting to know what his rights are. He doesn't have a problem paying the support but feels that it is not right for him to have to pay if he is not going to get to see the child. What are his options?

Why is it that I get the distinct impression that "her lawyer" is, in fact, the state's lawyer. Let's see could it be because biomom didn't contact Dad earlier or because biomom isn't wanting the father to have any rights but the right to support was assigned to the state the moment that she received state aid. Could it be because the child support enforcement agency only deals with child support and not with visitations so it isn't that "her lawyer" is opposed to the father having any rights rather "her lawyer" doesn't address this aspect.

 

[whitney'smom]

When we were in court yesterday There was a lawyer for the enforcement of child support and then Biomom had her own lawyer as well. He was the one that told the judge that they wanted my husband to pay support but not have the right to see or have his parental rights with the child.

 

[Boxcarbill]

Unless she had someone who was willing to adopt the child, he'd still have to pay support.

O.K. I have to ask, which Kansas statute states this? That is not the law in Texas or in several other states whose statutes that I have looked up. In TX, CA and several of other states that I know about, termination of parental rights terminates all the parental rights--whether one wishes to call them rights, duties or obligations--except that the child continues to have the right to inherit through the parents in many of these states.

 

[stealth2]

BCB.... I'll admit, I have no idea - I'm going by anecdotal information. This is what I've always heard in these situations - that while a parent can voluntarily agree to terminate his/her rights regarding visitation, that does not terminate the responsibility of support. In order to do that, a court must rule it so - generally with another adult (same gender) stepping in as the parent via adoption.

If I'm wrong, mea culpa.

 

[whitney'smom]

I don't understand. Are you saying that if my husband gives up his rights this means everything including having to pay child support for this child?

 

[Seanscott]

Your husband can give up his rights to visitation, custody, decision making, etc.

He cannot get out of paying support unless his parental rights are terminated. This is done by a court.

 

[haiku]

in my state anyway, terminating parental rights DOES mean you get out of support BUT, the state will not do it unless someone else adopts. (thier attempt at keeping kids off the welfare rolls I guess) In other words, you can waive your right to visitation and legal custody, but you can't get out of support, if the CP wants you to pay it, and gets the state behind them.

I have run into people on the net though, who have successfully had thier ex's rights terminated, without adoption. So we need to know what the laws are in your specific state.