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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
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Experience:  7 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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If your child is legally adopted ,by the spouse of the natural

Resolved Question:

If your child is legally adopted ,by the spouse of the natural mother, are you still liable for child support in Kansas? the mother and I were never married.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good evening. I certainly understand the situation and your concern. Has the child been adopted yet and is the father willing to agree to this? Is there currently a child support order in place and is the father current with payments?
Customer: replied 1 year ago.

the mother and natural father never officially went through the courts for a child support order. The natural father is willing to give up legal custody to the spouse of the natural mother. The adoption process has not yet taken place

Expert:  FamilyAnswer replied 1 year ago.
Miles, thank you for the additional information. Giving up legal custody of the child would not eliminate the need to pay or prevent the mother from seeking child support, through the court. If there is an informal agreement between the parties, that is at their discretion on how they want to proceed and if the mother wants to seek child support. However, even if they proceeded through the court and the mother was awarded full custody of the child, she could ask that he pay child support and the court would likely order it. However, if the child was adopted by another party, the biological fathers rights to the child would be terminated along with his financial obligation to support the child. If the child is adopted and the father is going to consent, it can also be added in the court order that there will be no legal right to go after the father for support or obligation for him to pay, since that will be assumed by the new parent.

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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 15933
Experience: 7 + years of handling Family Law, Divorce, Child Custody and Child Support cases
FamilyAnswer and 8 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

thanks for your response.


 


Just to make it clear for myself what you wrote below:


 


"However, if the child was adopted by another party, the biological fathers rights to the child would be terminated along with his financial obligation to support the child. If the child is adopted and the father is going to consent, it can also be added in the court order that there will be no legal right to go after the father for support or obligation for him to pay, since that will be assumed by the new parent."


 


~So this means if the natural father gives up legal custody to another party he is no longer financially responsible to support the child?

Expert:  FamilyAnswer replied 1 year ago.
The father can give up legal custody to the mother, since she is the other parent. She can assume full legal custody of the child. However, the father can not just give up custody to another third party, unless they are willing to adopt the child. This is not a situation where the parent is unable to care for the child and wants to give custody to his parents, aunt or uncle, to raise the child. This is a situation where the father wants no legal or financial responsibility for the child and another man will assume and take those rights from him and treat the child as his own. Only once the mother marries this other man, can he really adopt the child. The Judge may not be so inclined to allow him to adopt the child, if they are only dating.
Customer: replied 1 year ago.

So if the spouse of the natural mother, her husband, whom she is legally married to adopts the child he would assume both legal and financial responsibility from the biological father?

Expert:  FamilyAnswer replied 1 year ago.
Yes, that would be correct. The biological father would then have to obligation to the child what so ever.

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