Frequently Asked Questions (“FAQ”)
on Parental Rights
Q: Do I Need to Use an Attorney to do the Paperwork for Releasing a Consenting Father of His Parental Rights?
A: Yes, you are better off using an attorney. The issue is “informed consent.” You might pay for his attorney to tell him of his rights and to place in any such agreement that he received “advice of counsel.”
Q: I'm Marrying a Man Who Has Children From a Previous Marriage. He Pays His Child Support. Since I Earn More Than My Fiancé, We Want To Protect My Income From Any Future Increase in Support Payments, Should the Ex- Seek More. What Are Our Options?
A: Some states, provide that a new spouse with income is not liable for the support of a stepchild. Your state may have similar exemptions, where spouses may set up and maintain separate savings and checking accounts. In this way, your funds do not become commingled with your husband’s, relative to a court order.
Q: Can One Parent Be Ordered to Pay Child Support Even if S/He Never Married the Other (Custodial) Parent?
A: Yes. Child support is payable from one parent to the other for a common child, regardless of the marital status of the parents. This is very common in a paternity action. Paternity actions recover the cost to government for payment of Aid to Families with Dependent Children, or AFDC. The AFDC is a local government agency throughout the country that holds a parent responsible for child support.