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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My son's girl friend is preganat and they are no longer

Customer Question

My son's girl friend is preganat and they are no longer together she want's the baby my son want's her to put it up for adoptoin and she wont she wants my son to sign away all rights to the baby and wants nothing from my son . Can this be done and free my son up from any legal obligation in the future. CA.
Submitted: 2 years ago.
Category: Family Law
Expert:  LawTalk replied 2 years ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your family's situation. My goal is to provide you with excellent service today. I am a licensed CA attorney.

While the mother-to-be may say that she wants nothing, there is no reason to believe that she will not change her mind. There is nothing that your son can sign or do that will eliminate his future liability for child support.

If she files for welfare such as food stamps or Medicaid/MediCal for the baby, the state will immediately file for child support to be ordered against your son. She also may change her mind at any time and ask a court to order child support---even retroactive child support if he goes for several years under a private agreement before she decides she wants support.

Only, if after the baby is born, the child is adopted by a stepparent or a couple that the mother gives the baby up for adoption to will your son be safe from child support.

Your son needs to prepare himself for the obligation to pay support for this child. Even their attempt to sign away your son's rights will not protect him from child support unless a court actually rules that his parental rights are terminated. And the court will not do that except in exceptional cases---typically where the parent is found to be unfit, or in the event of an adoption.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,