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Alpo

Weird legal question time

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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?

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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. 

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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... :P  but we answer them anyways.

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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.

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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

 

 

 

:D

 

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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

 

 

 

:D

 

Imagine the questions if he did. :lol:

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3 minutes ago, Pat Riot, SASS #13748 said:

Imagine the questions if he did. :lol:

 

I don't know, maybe he'd be much more relaxed and wouldn't ask as many! That or they would all involve food...

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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! :D

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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.

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What’s this all about?  It ain’t funny.

 

Cat Brules

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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?

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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.

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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.

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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!;)

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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.

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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. 

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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).

 

 

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