[stephaniemlou]

While waiting for the labor to begin for the pbmom, I am having trouble sleeping and focusing. Here's something I thought of in the middle of the night:

What happens to childsupport if a bmom makes an adoption plan, the bfather skips town, his rights are terminated by publication, then the bmom decides to parent the baby? Can she go after him for childsupport?

I don't know if anyone knows this, but I guess I was thinking about how the pbmom would manage the best if she decided to parent the baby.

[pjzkat]

Isn't it interesting how the mind wanders? I would think that since his parental rights were terminated, she wouldn't be able to go after child support. But that's just a guess on my part.

I hope everything goes quickly and smoothly!

[JuliannaTeresa]

Normally, they go on Welfare if Dad's rights are Terminated, and she decided to Parent.

[Cricket8351]

Interesting question. I can only tell you what I know and that may not mean much! I am not a lawyer by any means.

By definition termination of parental rights means that the parent whose rights are severed has the same relationship to the child as a stranger on the street. There is no obligation of support. In my non-expert opinion, the birth father could not be expected nor required to pay support because his legal rights were severed by the court.

Just for thought though. When I was working for CPS in Oklahoma, we had a problem with parents relinquishing their parental rights because they did not want to pay child support. Most courts have ruled that a parent cannot relinquish their parental rights just because they do not want to pay their support obligations. The court won't accept the relinquishment in other words. There is a difference between relinquishment of parental rights and termination though.

Also, if the parent's rights are terminated or the relinquishment is accepted by the court because of other circumstances not solely on the lack of support then the back support owed is not forgiven. The arrearage is still required and legally binding.

Also, from what I understand, the matters of custody, parental rights, termination, and such are functions of the state judicial system so there could very well be differences from state to state.

T

[browntap]

I guess it all depends on what your state laws are. Here in Indiana, once she signs consent, there is NOT a grace period for her to change her mind. But the law requires publication over a period of 30 days after birth for any putative fathers. So it wouldn't matter about child support because her rights (in Indiana) were terminated first. I hope this makes sense, I just spent the day painting for my sister in preparation for her baby. I think the fumes are still with me!
Tammi