North Myrtle Beach, SC asked in Family Law, Child Custody and Child Support for South Carolina

Q: What can I do?

During a separation I started seeing a girl, decided that didn't work out. Over a year later she's wanting a DNA test for a child I didn't know about. She has another man on the certificate, I also want to sign my rights over if the child is mine. What can I do? What happens if her and I can agree on giving up my rights what documents do we need.

1 Lawyer Answer
Megan Hunt Dell
Megan Hunt Dell
  • Divorce Lawyer
  • Charleston, SC
  • Licensed in South Carolina

A: It's unclear whether the mother of the child has filed an action in Family Court. If she were to do so, then the Court could order you to undergo DNA testing. Assuming you are the biological father of the child, and you want to terminate your rights, then you would need to sign a "Consent and Relinquishment" that complies with the requirements of S.C. Code Ann. Section 63-9-340.

However, a judge would still have to decide that terminating your rights to the child serves the child's best interests so there is no guarantee you would be relieved of your obligations to the child.

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