Taylors, SC asked in Child Support and Family Law for South Carolina

Q: I slept with a woman and had a one night stand. She is insisting I'm father. I don't agree. If so I want to sign over.

I want to sign over rights to child as I do not believe to be this child's father. Would I still have to pay child support if I relinquish rights to this child, if it ends up being mine? I truly believe it's not mine due to nature of the individual and timing or information given. She has harassed my now wife and family over this as well and made threats of court.

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2 Lawyer Answers
Stephen Arnold Black
Stephen Arnold Black

A: The child’s mother can serve you with a paternity action to establish parentage and the court will order a DNA test upon you. If it’s determined that you’re the biological father, then the court will order you to pay monthly child support until the child reaches age 18. You’re decision to relinquish parental rights will not affect the right of the child’s mother to pursue you for child support payments.

Megan Hunt Dell
Megan Hunt Dell
  • Charleston, SC
  • Licensed in South Carolina

A: In South Carolina, the Family Court will typically not allow you to voluntarily relinquish your rights to allow you to avoid paying child support.

The child's mother could go through the Department of Social Services administrative process to establish paternity and child support. If she chose to do so, then you would be provided notice of those proceedings and have an opportunity to dispute her allegation that you are the father of the child.

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