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It sounds like you have a complicated situation and need the assistance of an attorney to make sure you and your child are protected. However, to answer the question about whether the father of your child can simply give up his parental rights and no longer have an obligation to help support his child, the answer is no.
He can threaten whatever he wants, but the only way he can "sign over his parental rights" is as a part of an adoption case. Unless you place the baby for adoption, you can (and should) initiate legal action to require him to pay child support.
Pennsylvania law requires both parents to attend a hearing before either parent can voluntarily relinquish rights over the child. Obtain and complete a petition for voluntary relinquishment from the family court in the county where the child resides.
An agency or representative of the child may also file a petition for involuntary termination of parental rights against both parents if there is evidence that both parents are unfit to be the child's parent. A court will then evaluate a long list of factors in making a determination as to a parent's parental rights.
The parent is the father of the child through rape or incest. The child has been removed from the parent's care for over 12 months, and the conditions that caused the removal still persist.
However, you should note that voluntary termination of parental rights must usually coincide with an adoption of the children by another parent — a party cannot terminate his or her custodial rights simply to avoid a child support obligation.
Biological parents can also petition the court to voluntarily relinquish their parental rights either to an adoption agency or the adult(s) intending to adopt the child. The biological parents must attend a voluntary relinquishment hearing, which will generally be held 35-40 days after the consent form has been filed.
It is important to understand that a voluntary termination of parental rights would also terminate any support obligation on the part of the terminating parent. Parental rights can generally only be dissolved as part of a pending adoption case because there is a strong public policy not to leave a child parentless.
By court order or voluntarily, the child has been removed from the care of the parent and placed with an agency for at least six months.
Once a child is born in the state of Pennsylvania and the parents are unmarried, the mother's rights are no different than if she were married. The mother has legal custody of the child no matter if she is married or unmarried in this state.
If you are not listed as the father on the birth certificate, you have no rights to custody, visitation, or paying child support. To establish a father's legal rights to their child, it is required that they establish paternity.
Age 18Legally, Your Child Can Refuse Visitation at Age 18 When your child reaches 18, he or she is an adult. Adults can decide who they spend time with. You will not be able to force your child to continue to see you. A family law court will no longer be able to enforce any possession or visitation clauses over an adult.
There is no magic age before they turn 18. A judge must take a child's preference into account, along with that child's age, maturity and other factors. But the final decision is always up to the judge. Simply put, in a custody action, a child has a voice but not a choice.
The Reigning King of What Can Be Used Against You in a Custody Battle: Verbal or Physical Altercations. We wanted to start with the most simple pitfall to avoid: When tempers get high, it's quite alluring to get into a verbal sparring match with your ex-spouse.