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Terminating paternal rights.

Printed From: AussieLegal
Category: Family Law, Defacto Law
Forum Name: Divorce, Consent Orders, Binding Financial Agreements
Forum Discription:
URL: https://www.aussielegal.com.au/forum/forum_posts.asp?TID=24975
Printed Date: 19/October/2018 at 16:23


Topic: Terminating paternal rights.
Posted By: Greeniebean
Subject: Terminating paternal rights.
Date Posted: 09/February/2018 at 18:23
My partner had a one night stand which resulted in a pregnancy. He has begged the other woman to terminate but she won't. She offered for him not to have anything to do with the child or pay child support but has now gone back on that offer. He would like to terminate his paternal rights to the child and have nothing to do with it. How does he go about this?



Replies:
Posted By: citizen-joe
Date Posted: 09/February/2018 at 18:28
He can't, and the mother cannot make the offer she did, it is the child who has the rights to support from both parents, and the right to see each parent.


Posted By: Greeniebean
Date Posted: 09/February/2018 at 18:47
So does that mean he will have forced visitation with the child? If she agrees to not make him see the child then she can just change her mind at any time and he'll be forced to take it?


Posted By: citizen-joe
Date Posted: 09/February/2018 at 22:16
It's the child's rights we are talking about not those of either parent.

If a parent chooses not to grant the child his/her rights, it's the innocent child that is all the poorer for it.

As the potential step parent I would have thought you'd be advocating for the child rather than either of the irresponsible adults whose actions are bringing this child into the world.


Posted By: emca01
Date Posted: 10/February/2018 at 08:22
Can he be forced to spend time with the child? Nope.
Can he be forced to pay child support? YES.
Options? Refuse to sign birth certificate... So he could argue that he isn't the dad.. She would have to seek court orders for DNA testing. It could delay things and the costs of applying to court could put her off... But he could have costs ordered against him if he was found to be the dad..

He will be paying child support. He wont be forced to spend time with the child.


Posted By: Greeniebean
Date Posted: 10/February/2018 at 09:09
Ok thank you for that information. I've never had to deal with anything like this before. So child support amount is based off his wages correct? Does it also take into account assets? Even ones we have joint?


Posted By: emca01
Date Posted: 10/February/2018 at 17:39
child support is based on a complex calculation. This site might help
https://processing.csa.gov.au/estimator/About.aspx
assets are not factored in... It is an equation. His income / her income / %of care... Are the three things that get factored into the equation... So if he has 50% care, then he would pay less than if he had 0% care.

Your income and assets are not factored into the equation.
Best bet? if he is adamant that he wants nothing to do with the child, then the mother can apply for child support through the child support agency. They will contact him and organise for money to be taken out of his pay... Gets a little bit more complex if he is self employed. So CSA will take his money and give it to her and there will be basically no contact between the two parties.


Posted By: jaazzz
Date Posted: 10/February/2018 at 19:38

To clarify...

Has the child been born yet?
If so has the mother named your partner on the birth certificate as the father?
Is your partner 100% sure he is the father?




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Any opinion given should not be accepted as legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks


Posted By: DoogleMcFroogle
Date Posted: 12/February/2018 at 09:28
1st )   have your partner apply for a DNA Test to determine if he is the father.
2nd)   if he is the father, he will be responsible for child support
3rd)   if he is the father, he should own his sh*t and have interactions with the child



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