Alpo Posted January 29, 2020 Share Posted January 29, 2020 We have a couple. John and Mary. They have a baby. They split up. Either they were married and got divorced, or they weren't married and they just - went their own ways. John is rich. Mary has custody. John pays Mary bunchabucks child support. For whatever reason, Mary decides to give the child up for adoption. Sally adopts the child. Can Sally get child support from John? Seems like maybe she could. Sally is now the custodial parent. John is still the father. For Sally to adopt the child, Mary would have have HAD to have legally given up her parental rights. But I don't think John would have had the given TO GIVE up his for the adoption to happen. Although he might want to give them up so he did not have to pay the bunchabucks. Opinions? Link to comment Share on other sites More sharing options...
Bart Slade Posted January 29, 2020 Share Posted January 29, 2020 I'm pretty confident that both parents have to agree to an adoption. So either John would agree to the adoption (and be released from child support) or gain custody of the child when Mary gave it up. And Mary, not having legally relinquished her parental responsibilities, would be on the hook for child support. That would be my guess. I have no legal knowledge to base that upon. Link to comment Share on other sites More sharing options...
Crazy Gun Barney, SASS #2428 Posted January 29, 2020 Share Posted January 29, 2020 I wouldn't think the child would be able to be put up for adoption if both parents hadn't signed off on it. If he had, the adopting parents have now accepted financial responsibility for the child...no more child support payments. I'm not a lawyer.... just guessing... Alpo, most your questions are weird... but we answer them anyways. Link to comment Share on other sites More sharing options...
DocWard Posted January 29, 2020 Share Posted January 29, 2020 No. Once the child is adopted, in a situation such as this, the biological parents are no longer the legal parents. For the adoption to occur, the father would have to be in agreement, or be shown by specific means pursuant to statute that his agreement/consent is not necessary. Edit: If mother were to seek to place the child for adoption, the father would have the right to seek custody, if he so chose. He could then actually receive child support from mother. Further Edit: One exception is when a step-parent adopts. For example, deadbeat dad is not a part of child's life. Mother remarries. New step-father adopts. Biological father is no longer the legal father, the former step-father is now the legal father. Link to comment Share on other sites More sharing options...
J. Mark Flint #31954 LIFE Posted January 29, 2020 Share Posted January 29, 2020 Even a deadbeat dad has rights. They can't be terminated easily. Most states laws have a preference for not bastardizing a child. That being said, your question is pretty friggin weird. I know you don't smoke that wacky weed . . . Maybe you should start Link to comment Share on other sites More sharing options...
Pat Riot Posted January 29, 2020 Share Posted January 29, 2020 6 minutes ago, J. Mark Flint #31954 LIFE said: Even a deadbeat dad has rights. They can't be terminated easily. Most states laws have a preference for not bastardizing a child. That being said, your question is pretty friggin weird. I know you don't smoke that wacky weed . . . Maybe you should start Imagine the questions if he did. Link to comment Share on other sites More sharing options...
DocWard Posted January 29, 2020 Share Posted January 29, 2020 3 minutes ago, Pat Riot, SASS #13748 said: Imagine the questions if he did. I don't know, maybe he'd be much more relaxed and wouldn't ask as many! That or they would all involve food... Link to comment Share on other sites More sharing options...
Pat Riot Posted January 29, 2020 Share Posted January 29, 2020 1 minute ago, DocWard said: I don't know, maybe he'd be much more relaxed and wouldn't ask as many! That or they would all involve food... Food, definitely! Link to comment Share on other sites More sharing options...
Red Gauntlet , SASS 60619 Posted January 29, 2020 Share Posted January 29, 2020 Mary can't put the child up for adoption. So there is no legal issue, weird or otherwise. Link to comment Share on other sites More sharing options...
Alpo Posted January 29, 2020 Author Share Posted January 29, 2020 25 minutes ago, J. Mark Flint #31954 LIFE said: I know you don't smoke that wacky weed . . . Maybe you should start Actually I started in '76 (quite late for someone of my generation - I was almost 21). I quit in '80. Decided I did not like the effects. Link to comment Share on other sites More sharing options...
J. Mark Flint #31954 LIFE Posted January 29, 2020 Share Posted January 29, 2020 It is amazing the damage that occurred in 4 short years Link to comment Share on other sites More sharing options...
Cat Brules Posted January 29, 2020 Share Posted January 29, 2020 What’s this all about? It ain’t funny. Cat Brules Link to comment Share on other sites More sharing options...
Marshal Mo Hare, SASS #45984 Posted January 29, 2020 Share Posted January 29, 2020 As always, the answer may vary depending on the state.is John the father on the birth certificate or is he paying support out of the goodness of his heart? is Mary the “fictional” person whose body you were discussing getting rid of three or four months ago? Link to comment Share on other sites More sharing options...
Alpo Posted January 29, 2020 Author Share Posted January 29, 2020 I don't know. Three or four months is a long time. Could you be more specific on the body I was trying to get rid of. One of many. I frequently consider how to get rid of bodies. Beats counting sheep when you can't sleep. Link to comment Share on other sites More sharing options...
Allie Mo, SASS No. 25217 Posted January 29, 2020 Share Posted January 29, 2020 3 hours ago, Alpo said: Actually I started in '76 (quite late for someone of my generation - I was almost 21). I quit in '80. Decided I did not like the effects. Being a "child" of the '60s and '70s, I have tried it and, also like Alpo, did not like it. Now, if it helps with pain (mental or physical) as some doctors say, I would not begrudge anyone for using it. Link to comment Share on other sites More sharing options...
Rye Miles #13621 Posted January 30, 2020 Share Posted January 30, 2020 8 hours ago, Bart Slade said: I'm pretty confident that both parents have to agree to an adoption. So either John would agree to the adoption (and be released from child support) or gain custody of the child when Mary gave it up. And Mary, not having legally relinquished her parental responsibilities, would be on the hook for child support. That would be my guess. I have no legal knowledge to base that upon. That was my guess, even though she had custody the ex husband was still the father and would have to agree to an adoption. I'm no lawyer but I would bet some money on that! Link to comment Share on other sites More sharing options...
MizPete Posted January 30, 2020 Share Posted January 30, 2020 7 hours ago, Allie Mo, SASS No. 25217 said: Being a "child" of the '60s and '70s, I have tried it and, also like Alpo, did not like it I found it to be a migraine trigger. Bummer. Link to comment Share on other sites More sharing options...
Ramblin Gambler Posted January 31, 2020 Share Posted January 31, 2020 On 1/29/2020 at 11:37 AM, DocWard said: Further Edit: One exception is when a step-parent adopts. For example, deadbeat dad is not a part of child's life. Mother remarries. New step-father adopts. Biological father is no longer the legal father, the former step-father is now the legal father. I did this. In Texas, you have to sever the father's parental rights first. If there's no contact with him, that can be satisfied by placing an ad in the local newspaper at his last known residence. I'm sure there are rules for how long it has to run or whatever. I just don't know them. Now, to Alpo's question, since it's probably from a book set in the olden days (like before the 80's). Mary probably puts the kid up for adoption and keeps getting child support anyway. Link to comment Share on other sites More sharing options...
Alpo Posted January 31, 2020 Author Share Posted January 31, 2020 Actually it's a thought based on a comic strip that's taking place in current time. Single mother gives 5 year old child up for adoption. Child is in orphanage 3 years. Man adopts child. 6 months later another guy shows up telling about how he had a sexual relationship with single mother and is most likely the child's father. A commenter on that strip said that Todd (the protagonist) should ask this new guy for 8 years back child support. I was pretty sure that couldn't happen. But thinking about it - changing the scenario around so that the father was known from the start - both because he was married to the mother and because he was listed on the birth certificate as the father - and the adoptive parent would be a woman (because otherwise it's a guy asking a guy for child support and that would just get into weirdness). Link to comment Share on other sites More sharing options...
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