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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16721
Experience:  Licensed experienced Attorney
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When I married my ex wife, her daughter was two years old. I

Customer Question

When I married my ex wife, her daughter was two years old. I signed the birth certificate saying I was the father. We are now divorced and she is asking me to terminate my rights so her new husband can adopt her now 16 year old daughter. I am behind on child support and my ex says she will not take me to court for back child support if I terminate my rights. She says this is what my ex step daughter wants. I'm confused and scared this is some ploy to get me to admit in writing that she is my legal daughter and come after me for money. Please help.
Submitted: 2 years ago.
Category: Family Law
Expert:  Alex J. Esq. replied 2 years ago.

Hello. My name is***** will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

1) Generally, if the person has signed the Birth Certificate acknowledging paternity, then such person would be considered a legal parent and would be liable for child support regardless of whether the child biologically his or not.

2) Generally, once the child is legally adopted by another adult, then the parent who had his parental rights terminated would no longer owe further child support, but would still be liable for any delinquent child support and the mother would not be able to choose whether to pursue collection of the delinquent child support, since the child support is owed for the minor child's benefit.

I wish you the best of luck!

Expert:  Alex J. Esq. replied 2 years ago.
Customer: replied 2 years ago.
Thank you for your help. One more question. My ex has not made an issue of the back child support due since I was laid off and still trying to find work. If my ex wife's new husband adopts her daughter, will that make the courts look at the back child support due and come after me? I am trying but am feeling very frustrated since my ex hasn't let me see my step daughter since the divorce over two years ago and always tells me that her daughter wants noghing to do with me anymore.
Customer: replied 2 years ago.
My step daughter and I were very close but I couldn't forgive her mother for cheating on me. Since then I have to hear about my step daughter through mutual friends since I am no longer allowed any contact with her.
Customer: replied 2 years ago.
I added more. Are you going to respond?
Expert:  Alex J. Esq. replied 2 years ago.

Thank you for the additional information, but unfortunately, it does not change my answer, since when a man signs birth certificate, it is legal acknowledgement of the paternity and the man becomes legal father of the child, regardless whether the child is his biological child and also any child custody / child visitation issues are separate from any child support obligations and can be addressed with the local family court by the father who is being deprived of visitation.

I wish you the best of luck!

Expert:  Alex J. Esq. replied 2 years ago.
Expert:  Alex J. Esq. replied 2 years ago.