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So apparently there is a loop-hole due to the fact that adoptions are closed, where if bio dad is unaware, bio mom can still file for child support... So my questions are, how hard is it for dad to find out adoption info and what would be the repercussions for bio mom and adoptive mom if she was aware??
So apparently there is a loop-hole due to the fact that adoptions are closed, where if bio dad is unaware, bio mom can still file for child support... So my questions are, how hard is it for dad to find out adoption info and what would be the repercussions for bio mom and adoptive mom if she was aware??
I have never heard of an adoptive parent receiving child support from a biological parent.
The whole point of adoption is that the adoptive parent assumes COMPLETE responsibility for the child.
And of course once the child has been given up for adoption the biological mother would never get more child support.
If a man is concerned he may have fathered a child with a woman and she has kept information from him, he would want to talk to a lawyer about his options for finding out what happened to the child.
If the biological father's rights weren't terminated at the adoption, he very well could be made financially responsible even after adoption. It all depends on individual state laws and the specific circumstances. Usually both biological parents are required to terminate rights, but the biological mother could have claimed she didn't know the identity of the biological father. For the sake of discussion, the biological father has two courses of action. He can challenge the adoption to gain custody of his child. But it sounds like he doesn't want custody, he just doesn't want to pay child support. But states require two parents to be financially responsible for a child, and if there isn't an adoptive father, the biological father might be out of luck escaping child support. It all depends on the specific state because laws vary state by state.
So apparently there is a loop-hole due to the fact that adoptions are closed, where if bio dad is unaware, bio mom can still file for child support... So my questions are, how hard is it for dad to find out adoption info and what would be the repercussions for bio mom and adoptive mom if she was aware??
No, this is not true. Parental rights are terminated and therefore there's no child support. Now if the birth mother lied and did not inform the birth father that an adoption had taken place, then I guess he could mistakenly pay child support. But that would be fraud and wouldn't happen through courts.
If the biological father's rights weren't terminated at the adoption, he very well could be made financially responsible even after adoption. It all depends on individual state laws and the specific circumstances. Usually both biological parents are required to terminate rights, but the biological mother could have claimed she didn't know the identity of the biological father. For the sake of discussion, the biological father has two courses of action. He can challenge the adoption to gain custody of his child. But it sounds like he doesn't want custody, he just doesn't want to pay child support. Sadly, states require two parents to be financially responsible for a child and if there isn't an adoptive father, the biological father might be out of luck escaping child support. It all depends on the specific state because laws vary state by state.
It is my understanding (I'm an adoptive mom) that if the adoption takes place and is finalized without the birth father's consent (which most states don't allow btw) then his rights are no longer valid regardless.
It is my understanding (I'm an adoptive mom) that if the adoption takes place and is finalized without the birth father's consent (which most states don't allow btw) then his rights are no longer valid regardless.
If he was not aware the adoption took place, he can challenge the adoption once he becomes aware. Not being aware is different from having courts terminate rights without consent because the father is fully informed his rights were terminated. But every biological parent has an opportunity to challenge an adoption. Parental rights are only terminated against parents wishes if there was good reason to terminate. There can't have been a good reason if the biological father wasn't even informed and had no idea the adoption occurred.
If he was not aware the adoption took place, he can challenge the adoption once he becomes aware. Not being aware is different from having courts terminate rights without consent because the father is fully informed his rights were terminated. But every biological parent has an opportunity to challenge an adoption. Parental rights are only terminated against parents wishes if there was good reason to terminate. There can't have been a good reason if the biological father wasn't even informed and had no idea the adoption occurred.
Yes, in some states. But that doesn't mean he has to pay child support in the meantime.
Most states have a period in which the biological father must come forward and a legal process to try to identify and inform them. States that have a putative registry are not required to inform biological fathers at all except through the registry and then termination happens automatically if the father doesn't come forward. Now if the birthmother does not disclose the identity of the birth father, it's a different legal ball game.
Yes, in some states. But that doesn't mean he has to pay child support in the meantime.
Most states have a period in which the biological father must come forward and a legal process to try to identify and inform them. States that have a putative registry are not required to inform biological fathers at all except through the registry and then termination happens automatically if the father doesn't come forward. Now if the birthmother does not disclose the identity of the birth father, it's a different legal ball game.
I'm not saying it's definitive that he would be required to pay child support. I'm saying it's possible. Most states require biological fathers to be notified, but it's entirely possible that the biological father never received notification. It certainly is another ballgame if the biological mother doesn't disclose the identity of the father. Not all adoptions go smoothly. It's also very possible that the OP's case isn't an adoption at all. The biological mother might have granted guardianship to another woman. If that's the case, the biological father most certainly would be required to pay child support.
The OP's question is too vague to really answer. We can only speculate interesting possible scenarios.
All of this came about because we are in the process of fighting for visitation for his son. We have been paying 850$ plus insurance for 6 years, when we requested his medical records for proof of service to take to mediation we found that he had NO ACTIVITY in all those years. First question is, where is proof of his medical care? Second, i HIGHLY doubt she paid out of pocket and definately he was not receiving medical since we were court ordered to pay his insurance. Presented all of this information to his attorney...she immediately went to see if gaurdianship had ever been filed, turns out it had, in 03 for his son and her daughter with another man by her mother. Well despite being filed, after the step where both dad and family are required to be notified, they never went back to court. So now we are at the step where we TRY to get adoption records, Oh my gosh...just thought of this, immunization records are public and would provide where they have been receiving care! hah! hoplefully that works out, im sure the judge will make her provide proof after next court but i just dont want them to have any chance to lie about something else.
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