Milton, PA asked in Family Law, Child Custody and Child Support for Pennsylvania

Q: If a Girlfriend and boyfriendhave a baby and then 15 months later they break up. Can he sign his parental rights away?

The boyfriend is the Father of the little girl. He has not been able to keep a job longer than 9 months with out getting fired or quitting. His is not working at this time. He does not call or text and ask about the baby. He does not ask for the baby to be brought up to his parents place so he can visit or ask if he could come to my house. I am the girls father. She and the baby live with us. He has already stated that he will not pay anything if the girlfriend would go to dumestic relations.

2 Lawyer Answers
Ryan L Hyde
Ryan L Hyde
Answered
  • Exton , PA
  • Licensed in Pennsylvania

A: Signing away your parental rights does not mean the same thing as signing away your parental obligations. The fact that he thinks he will pay nothing is certainly very interesting but not at all relevant to what the actual law is. If he doesn't pay his child support he can wind up in jail. The decision to make a child is something that has long lasting ramifications. Consider also that he has potential visitation rights that a court would order. These are not questions that are best answered on the internet, you should consider a full consultation with a family law attorney in your area. They could give you the best answers and help you map out a plan to protect both your daughter and her child's rights.

Dawn Padanyi
Dawn Padanyi
Answered
  • Divorce Lawyer
  • Doylestown, PA
  • Licensed in Pennsylvania

A: If he is in fact the father, that is easy to determine with DNA testing, then he will have an obligation to support the child. If he fails to meet that obligation, he could be incarcerated. As for the questions about signing his parental rights away, it is unclear if you are referring to granting sole custody to mother or a termination of father's parental rights. Termination of parental rights is the only way to end a support obligation, but that is typically not granted by the Court unless there is another individual able and willing to adopt the child in his place. Signing over custodial rights does not end a support obligation because the child still needs to eat and both parents participated in the decision to create and have a child. Consult with a local family attorney for more detailed and tailored advice.

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