Do I Have to Be Involved with My Kids?
The Short Answer: No
No, you do not have to be involved in your child’s life, even if you have been proven to be the biological parent via DNA test. There is a difference between a person who’s not involved in their child’s life, and a person who has relinquished their rights to their children. Parental rights are only terminated in specific circumstances; you cannot just declare that you want nothing to do with the child and then move on with your life without fulfilling your parental responsibilities, such as paying child support. If paternity has not been established, the biological father likely does not have any rights to the child, nor does he have any legal obligation to the child. If the child was the product of a marriage, however, there is a legal presumption that the husband is the biological father, so paternity would not need to be established, and the husband would have a legal obligation to the child as well as rights to the child. If the husband doesn’t believe he’s the biological father of the child, he can seek out genetic testing to determine whether he is or not.
Do Uninvolved Parents Have Rights to the Children?
If there is a court order that dictates what time each parent will get with the children, then yes, the uninvolved parent could still have rights to the child. For example, if you and your ex had a child together, and you have a court order that says your ex has parent-time every Wednesday night, you will have to follow that order when your ex shows up on a Wednesday night. This is true even in cases where your ex has been uninvolved for years. If you have an ex who is consistently uninvolved with your child’s life, you may want to consider getting the custody order changed so that your ex does not show up randomly and demand to see their child. If there is no court order that’s specifying what parent-time the uninvolved parent has, that may indicate that the uninvolved parent doesn’t have any rights to the child. Just because they do not currently have a right to the child doesn’t mean that they won’t be able to obtain some rights to the child in the future.
“Do I Have to Pay Child Support if I’m Uninvolved?”
It will depend on your situation. If you have been established as the child’s biological parent, you may have to pay child support. Whether or not you have to pay child support will depend on the laws in your state, your income, your ex’s income, and other factors. It will also likely depend on whether the other parent seeks out payment of child support. If they elect not to seek it out, you will likely not have to pay it. Parents cannot choose to waive child support as the child support belongs to the child, not the parent. However, there are some parents who choose not to go after the other parent for child support in order to prevent their ex from having or seeking out any visitation rights to the child. If you are ordered to pay child support, you will have to pay it, even if you never see the child.
Consequences of Being Uninvolved
There may be consequences of being uninvolved with your child, many of which are not legal. Although you may not be in a place where you want to be a parent right now, you may change your mind someday. However, if you’ve missed out on a lot of the child’s life, the child might not want anything to do with you. This is especially true if there was nothing preventing your absence. Even if the child does want to have a relationship with you, getting custody may be difficult if you missed out on a lot of time with the child. You would likely start off with less than the minimum amount of parent-time and then gradually spend more time with the child. Depending on circumstances, you may need to go through family therapy before you are able to get custody.
Who Are You Leaving the Child With?
Parents do have an obligation to act in the best interests of their children—even if that means giving the child up for adoption. If you have a child, and the other parent is going to be raising the child without your involvement, it’s important that you know whom you’re entrusting the care of your child to. Children are vulnerable. If you have a child, and completely leave the child’s upbringing to a person who is not fit to raise them, you could be putting your child in a bad situation that they have no way out of. If you have questions about involvement, and you need legal advice, CoilLaw is here for you. Contact us today to schedule your initial consultation.
