Legal Question in Family Law in Maryland

Currently owe child support can I give son up for adoption to his mother's boyfr

I have a four year old son. I owe 8,000$ in child support. My son's mother wants me to give up my parental rights to her fiance. Can he adopt my son without being married to her? Will I still owe the money and have my license suspended due to unpaid child support if i do decide to give him up for adoption? What is my first step?


Asked on 2/12/02, 8:21 pm

2 Answers from Attorneys

Carolyn Press Chung & Press. P.C.

Re: Currently owe child support can I give son up for adoption to his mother's b

You are asking about two issues. The first, regarding adoption: if you agree to relinquish your parental rights, the question of who can adopt your child is a matter for the court. Most likely the child's mother would marry her fiance before he adopts the child. Regarding child support arrears: You can not avoid the obligation for the arrearage by relinquishing your parental rights. First, if any part of the arrearage is owed to the state because of any financial assistance which might have been paid by the state to the mother, the state will insist that you repay that amount and, among other steps, will intercept any tax refunds you have coming. Second, baby-selling is illegal, and you can't legally agree to "Sell" your rights as a father for an agreement by the mother to forgive the child support debt. You can avoid future support obligations, but not the arrears.

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Answered on 2/13/02, 8:50 am
Joseph Trevino Law Offices of Joseph A. Trevino

Re: Currently owe child support can I give son up for adoption to his mother's b

First,protect your rights, and yourself from the office of child support. They have awesome powers to not only suspend you, they can also intercept your refunds. If the County has already paid to the mother as public assistance while you were in arrears,the debt is to the government, not your wife. As far as adoption, you ask can they adopt, and the question back is are you consenting to it? If you are consenting,how can you question or challenge.? They can't adopt w/o your ok. Call for more info. Joe Trevino. (301)441-3131

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Answered on 2/12/02, 10:07 pm


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