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Quick questions

Started by chef_assassin, Oct 08, 2005, 01:39:05 PM

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chef_assassin

There is a possibility that I may have gotten a one nite stand pregnant. I say possibility because there's no guarantee that it's mine. Well I have tried to offer other solutions instead of having the kid, because I think it's a terrible idea for two people that won't have anything to do with each other to have a kid. She does not want to have an abortion and is shut off to the idea of adoption. I do not want anything to do with this situation, and have made that very clear. She recently asked if I'd sign a waiver of parenting rights, and while I'm not opposed to that idea, I do not want to sign anything that essentially acknowledges that I am the father when I don't know for certain that I am. So here are my questions:

- I have been told that signing a waiver of parenting rights essentially removes you for having to pay support etc. BUT if the mother ever applies for welfare that the government will come after you for support. Is this true?
- Is there a legal document that serves as a waiver of rights but also includes a clause that I cannot be contacted for support under any circumstances?
- Is there any way for a support order to be enforced if I live outside of the country?
- Can support be ordered without a paternity test just because the woman says that I am the father?

FYI - I live in California

Thank you for your help

socrateaser

>- I have been told that signing a waiver of parenting rights
>essentially removes you for having to pay support etc. BUT if
>the mother ever applies for welfare that the government will
>come after you for support. Is this true?

Parents cannot bargain away their child(ren)'s right to support. So, by signing the waiver, you will grant sole custody to the other parent, after which you will be forced to show a clear and convincing change in circumstances in order to obtain any custody/visitation rights with the child, which is a very tough burden to meet.

Meanwhile, your ex can ask for support, either directly from the court or with the government's help, and you will be forced to pay, without any regard to the waiver.

In short, you're being scammed. Don't sign jack shit. Keep close tabs on the mother until the child is born, move within a few blocks of where she has the child immediately after birth (like within a few days), and then file for custody and support yourself and attempt to obtain the maximum amount of custody possible. Your filing should include a temporary restraining order to prevent the mother from relocating with the child until the court makes further orders. In addition, it would be a good idea if you were unemployed at the time the child is born, because if she is employed and you're not, then you have a better chance of obtaining the maximum possible amount of custody under the circumstances.

Also, if you own any substantial assets, they should disappear off the face of the Earth, because every dollar that you appear to have, is a dollar available that the court can allocate to the child's support.

Your other option is to leave the U.S. now and go to some country where there is no agreement for reciprocal enforcement of child support. This would mean that you can never return to the U.S.

Those are the options. Anyone tells you anything else, tell them to screw off.

>- Is there a legal document that serves as a waiver of rights
>but also includes a clause that I cannot be contacted for
>support under any circumstances?

Irrelevant, because you're not signing any waiver, unless of course, it's an adoption paper, but the mother can revoke that too, so just because you agree before the child's birth to have the child adopted, doesn't mean that the adoption will actually take place.

>- Is there any way for a support order to be enforced if I
>live outside of the country?

Depends on the country. You'll have to check with the target jurisdiction to determine their treaties with the U.S.

>- Can support be ordered without a paternity test just because
>the woman says that I am the father?

Yes, it can. Don't try to get tricky. DNA tests are unbelievably accurate, so just because OJ avoided a murder rap by confusing the jury with testimony from experts that cost him $4.5 million, don't think that you're gonna confuse the judge. Take the test and find out the truth, or run like hell right now and be prepared to permanently relinquish your U.S. citizenship, because if you ever return, you will be charged with felony failure to pay support and your bill will be in the 100s of thousands of dollars.

>FYI - I live in California

California is better at nailing parents who don't pay support than any other jurisdiction. If the child was conceived in CA then you are subject to CA law, and you will pay, or you will sit in a jail cell until you change your mind. End o story.