Legal Question in Family Law in Colorado

Child Support

We are being sued for child support by the mother. The child was born when both parents were minors. The mothers parents took legal guardianship of the child, and denied the father to be on the birth certificate, full well knowing he and his family wanted to be active. Now the mother has custody of the child again, and is now sueing the father for more money than he had been paying her through their agreement. My question - does the fact that she gave up her and his rights to the child before affect the suit in any way?

Asked on 1/14/03, 2:16 pm

1 Answer from Attorneys

Gass Timothy Gass Law Office

Re: Child Support

I need to know additional info to be able to answer your question, to wit: 1. Did your son terminate his parental rights and get a court order terminating his rights. Probably not since he was paying child support. In this case he will have to pay child support. NOTE: I need to review the written agreement for child support executed by the mother and your son requiring him to pay child support to determine his rights thereunder. 2) if she is suing him for paternity, then he will definitely need an attorney, if only to try to enforce the written agreement for ch supp, or to represent him in magistrate court in the paternity lawsuit. I give a half hour free consultation in my office. My teleph # is 208-345-3817 if you want me to review the agreement and give advice based on having all the facts I need to be able to give you solid advice. 3) as I indicated it is doubtful that either the mother or your son terminated their parental rights to the child. 4) if she is suing for ch supp, your son would be well advised to countersue for custody and/or visitation. This will do one of two things: a. It will let her know that he is going to be in the child's life and if she wants ch support, she is going to have to put up with your son having visitation with the child. b. If your son is paying ch supp, then he should try to obtain and exercise all rights the court gives him in and to the child.

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Answered on 1/14/03, 3:04 pm

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