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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22809
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am wanting to give up my rights a father to a child I have

Customer Question

Hi there
I am wanting to give up my rights a father to a child I have never met can this be done? The mother does not want me in his life and I'm ok with that. I have no rights or say at all and I feel I shouldn't be paying child support. Can you advise me on my next step please.
Submitted: 9 months ago.
Category: New Zealand Law
Customer: replied 9 months ago.
I also have records of the mother saying not to contact back. there was no relationship with the mother as it was only a one night stand I was also very intoxicated and had no Idea what I was doing at the time. The mother has put my name on the birth certificate and I'm paying for child support. I have two other children in which are in my full time care and I can not afford the current child support payments. thanks
Customer: replied 9 months ago.
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Expert:  Chris The Lawyer replied 9 months ago.

It would be very difficult to avoid liability for the child support and this could only happen if the child was adopted by another person. There is no process to repudiate a child, and so unfortunately you are stuck with the child support. You can challenge the amount if you are struggling however and ask fr the amounts to be reduced particularly when you have no contact with the child. You would need to ask for a review through IRD for the amount.

Expert:  Chris The Lawyer replied 9 months ago.

Its abit late for a phone call but we can talk in the morning if you want.

Customer: replied 9 months ago.
ok the adoption process could be an option as the mothers partner has been bringing up the child and I have never been aloud any access at all to him which I have accepted. If im paying child support that does mean that I can have visitation rights or I am intitled to taking the mother to court and coming to some agreement about shared custody?
Expert:  Chris The Lawyer replied 9 months ago.

You can apply for contact-perhaps what may be a plan is to suggest you tell them you will either start the process for contact, or if they dont want you in the childs life, suggest adoption. They may want to keep up the child support however, but they will need to consider you having involvement with the child, or losing the child support if they adopt

Customer: replied 9 months ago.
ok. I dont mean to sound shellow or nothing but im wanting to go the adoption way. Is the adoption way the same as becoming the legal guardian or are they two diffrent things
Expert:  Chris The Lawyer replied 9 months ago.
It is a permanent cutting of all legal ties as opposed to guardianship which can be restored if you want to apply

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