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The Judge
The Judge, Family Law Attorney
Category: Family Law
Satisfied Customers: 703
Experience:  Active family lawyer & former Family Court judge with over 30 years experience in family law.
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I want to sign off all rights to a minor child, so I ...

Customer Question

I want to sign off all rights to a minor child, so I don't have to pay child support. How do I do this?
Submitted: 8 years ago.
Category: Family Law
Expert:  The Judge replied 8 years ago.
Hi Woody,

Unfortunately, there is no way to sign off all rights to a minor child so you don't have to pay child support, unless the mother agrees. And if she is receiving government assistance, you will need the agreement of the State of New York. And that will never happen.

If you were married to the mother (or if you have already been to court and you have been legally declared to be the father of the child), and the mother agrees, and the mother is not receiving government assistance, you and the mother can file a Petition to Terminate your parental rights. If the judge finds that it is in the best interest of the child, your parental rights will be terminated, along with your obligation to pay child support.

If you were not married to the mother (and you have never been to court to be legally declard the father of the child), you have no rights or responsibilities with respect to the child. That means you do not have a legally enforceable obligation to pay child support. The bad news is that the mother or the State of New York can a file paternity action against you at anytime before the child reaches 18. If you are declared to be the father of the child, you can be ordered to pay child support retroactive to the date of birth.

If you were not married to the mother (and you have never been to court to be legally declared the father of the child), and the mother agrees, and the mother is not receiving government assistance, you would have to file a Petition to establish your paternity as the father of the child and combine it with a Petition to immediately terminate your parental rights. I know it sounds odd, but that is the only way to do it.

I hope this answers your question. If there is anything that you do not understand, please let me know and I will explain it further.

In the meantime, please click "Accept" so that I may be paid for my answer as well as any follow ups with you.

Thanks,

The Judge

Thanks,
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