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FamilyAttorneyPA
FamilyAttorneyPA, Family Law Attorney
Category: Family Law
Satisfied Customers: 44
Experience:  I am licensed by the Supreme Court of Pennsylvania to practice law in PA.
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If a child is born as a result of a one night stand, what obligations does the biological

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If a child is born as a result of a one night stand, what obligations does the biological father have?
In this circumstance, the father ( proven by a paternity test) did not know about the pregnancy and child until four months after the birth of the child. There was no contact with the biological parents during the pregnancy The mother had planned to give the child up for adoption, but changed her mind once the child was born. A mutual friend notified the father about the child.
Submitted: 2 years ago via ChildSupportLaws.
Category: Family Law
Expert:  FamilyAttorneyPA replied 2 years ago.
The biological father has an obligation to provide child support in accordance with the Florida statutes IF you want to receive child support. However, you are required to either file a Complaint for Support; or, you and the Father can agree to the amount of support which he will pay to you. If you never file the Complaint for Support, the Court will be unaware that no support is being paid. However, if you do not wish to collect child support from the Father, you will not be forced to do so.

The biological father also has rights to visitation/custody. Again, he would need to file a Complaint for Custody with the Court; or, you and the Father can agree to if/when the father is entitled to exercise custody.

If my answer has assisted you, please click on the "Accept" button so I may be compensated for my time and services. This will not prevent you from asking any follow-up questions. If you have any follow-up questions, please do not hesitate to ask.
Customer: replied 2 years ago.
The biological father does not wish to participate in the life of the child. Is there a waiver that he can sign to relinquish any rights to the child thereby releasing him of any financial responsibility?
Expert:  FamilyAttorneyPA replied 2 years ago.
There are limited circumstances under which a parent can voluntarily terminate their parental rights in Florida.

According to Florida Statutes §39.811(6), the following circumstances warrant the ability to voluntarily permit someone to terminate their parental rights:

1. The child has only one surviving parent;
2. If the identity of a prospective parent has been established as unknown after sworn testimony;
3. If the parent whose rights are being terminated became a parent through a single-parent adoption;
4. If the protection of the child demands termination of the rights of a single parent;
5. If the parent whose rights are being terminated will be incarcerated will constitute a substantial portion of time prior to the child turning 18; or,
6. If there is a new spouse of the custodial parent who wishes to adopt the child.

From what I have gathered from the information provided, the Father will not be able to voluntarily terminate his parental rights at this time in order to relieve his obligation to pay child support.

If my answer has assisted you, please click on the "Accept" button so I may be compensated for my time and services. This will not prevent you from asking any follow-up questions. If you have any follow-up questions, please do not hesitate to ask.
Customer: replied 2 years ago.
How long does the mother have to change her mind about wanting to pursue child support from the biological father? She currently has not mentioned this, but does she have the leagl right to ask for child support until the child is 18? If she does decide to pursue child support is the father liable for back payment from the child's birth?

If the biological father does not want to have any contact with the child ever - and is willing to document this, is here any legal recourse where he will he ever be oligated to pay child support?
Expert:  FamilyAttorneyPA replied 2 years ago.
The biological father will be obligated to pay child support unless and until his parental rights are terminated. As I stated in my previous answer, there are limited circumstances under which a parent can voluntarily terminate their parental rights. Since none of those options seem to be applicable in the current situation, the Father will not be able to voluntarily terminate his parental rights; and therefore, he will still be liable for child support.

The mother (or any custodial parent) may seek child support at anytime until the child reaches the age of 18, or until the child graduates from high school, whichever comes later, absent special circumstances.

According to Florida Child Support Statutes, the child support order will be retroactive to the date where the parents no longer resided together, not to exceed 24 months. So if the Mother chose to file for child support when the child was 12 years old, the order could only be retroactive to when the child was 10 years old.

If my answer has assisted you, please click on the "Accept" button so I may be compensated for my time and services. This will not prevent you from asking any follow-up questions. If you have any follow-up questions, please do not hesitate to ask.
Customer: replied 2 years ago.
So that said, what are your recommendations for the biological father to be proactive in not getting served with a child support notice ,say when he child is four years old, even though he has had not had any contact.

Is there a legal document that could be drawn up for them both to sign saying the mother will not ask for child support at any future date? The mother has not brought up the topic, but just trying to be proactive in making sure this is covered for future reference. I am aware the opther option would be for the father to indicate a monthly fee he is willing to pay until the child reaches 18. If that happened could the mother come back at a later date to ask for more depending on the father's wages.

Your answers are most helpful.....
Expert:  FamilyAttorneyPA replied 2 years ago.
Unfortunately, I do not believe it would be ethical for me to recommend ways in which a father can be proactive in not being able to be served in order to avoid a child support obligation. That being said, here are the answers to your other questions. At the end of reviewing this answer, please click "Accept" so that I may be compensated for my time and services.

There is no legal document that can be drawn up to ensure that a custodial parent will not seek child support. This is because the reason for child support is obviously to assist with the expenses of raising a child. It is a right of the child, not of the custodial parent, and a parent cannot contract away the rights of the child to receive support.

A parent receiving (or paying) child support can seek a modification of an existing support order, even if the original support order was entered upon the parties' consent, if there has been a substantial change in circumstances that either prevents the payor from continuing to make the monthly payments; or, if there is a substantial change in circumstances which would allow the child to be entitled to receive more support (such as a raise in salary).
FamilyAttorneyPA, Family Law Attorney
Category: Family Law
Satisfied Customers: 44
Experience: I am licensed by the Supreme Court of Pennsylvania to practice law in PA.
FamilyAttorneyPA and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you for your help. This is a very unfortunate siutation. Certainly makes me want to get on a sop box about unprotected sex. It's the innocent child who lives with this forever.
Expert:  FamilyAttorneyPA replied 2 years ago.
You are correct that the child is the one who really ends up suffering. I wish you the best of luck. Should you have questions in the future, you may address them to FamilyAttorneyPA and I will be able to assist you again.

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