Q: Can my soon to be ex husband give up his rights without there being someone else to b take them?
My soon to be ex husband says that he doesn’t believe our unborn baby is his (I believe it’s his girlfriends doing because at first he was on board). He wants nothing to do with him or me and wants to give up his rights at birth. Can he give up his rights with no step parent or other father to take them? and if he can, would he not be liable for child support anymore?
If not is there another legally binding paper stating he doesn’t want the right to see the child?
A: Voluntarily terminating your parental rights does not relieve you of the obligation to pay child support. If the child were legally adopted then the father's obligations would sever. But that's the only way to avoid paying child support is legal adoption by another party.
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A: A child conceived during a marriage is presumed to be the child of the marriage unless a genetic test proves otherwise. In your divorce proceeding your husband may ask the court to enter an order for a genetic test. He would then submit to the test along with swabbing the child. If the child proves to be his, he must pay child support based upon his income before taxes.
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