Family Law Questions? Ask a Family Lawyer Online.
By reading further, you agree to and understand the following: Laws vary drastically by state and country. It is impossible for an attorney to provide legal advice or legal services on JustAnswer. What follows is neither legal advice nor a legal service and may/not apply in your particular state. What follows is general information provided for educational purposes only. No attorney-client relationship is formed. T-USA is not your attorney. No attorney-client privilege exists. Anything you write can be used in court if discovered by an opposing party. The following information is provided for the purpose of encouraging you to seek, in person, the counsel of an attorney who is licensed to practice law in your particular state. It is essential to consult such an attorney as soon as possible. _____________________________________ Answer: Signing away parental rights does not usually require either party to be married.Further, giving up parental rights does not usually absolve a father of his child support obligations. Therefore, there is little if anything that a father can gain from giving up his parental rights.The following applies to custody/visitation issues. Your husband may be eligible for court-ordered visitation.If paternity has been established:It is possible to file Petition for custody/visitation (if never establsihed) or Motion to Modify a custody agreement and visitation schedule (if established at some point). The main goals of the court should be to promote contact with both parents if both parents are able to act in the best interests of the child, place the child in a safe, stable, nonviolent environment, and encourage parents to share the rights and duties of parenthood. If paternity was never established:If paternity has not been determined, the father may have no claim to the child as of yet. However, generally, without a paternity determination, a father is not required to pay support. Generally, before a father has any rights to a child, paternity must be determined. This can occur if both of parents sign an Agreement of Paternity or through a court determination that he is a father, should either parent seek a paternity action. Determination of paternity would also usually obligate the non-custodial parent, who will be determined by the court, to pay child support.Keep in mind that once paternity is established, it is very possible that the father will have visitation rights and that the court will make a custody/visitation determination and schedule. Further, such a proceeding will often yield an order of child support, and back support may be addressed by the court in that proceeding, if back child support is applicable. If you do not feel that this answer fully responds to your question, please ask a follow-up question and I will be happy to elaborate. Please remember that we cannot provide legal advice/services through JustAnswer. Please click the green Accept Button for each and every answer and please remember to leave Positive Feedback. Doing so ensures I will receive credit for my time and my effort spent answering your question. Bonuses are greatly appreciated. When leaving Feedback, please remember that Feedback is left for me as an answerer, rather than the content of the answer. While I enjoy to providing customers with the answers they want to hear, doing so is not always possible. You should consult an attorney who is licensed to practice in your state about these matters. You can find an attorney licensed to practice law in your state through your state's lawyer referral services: http://www.abanet.org/legalservices/lris/directory/