Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My son just found out that he is one of 5 men tested to be the father of a 2 or 3 year old girl. He want’s nothing to do with the mother or child how can he sign off parental rights to this child? He was under age when this child was conceived and she was between 23-26 years old.”
Question: Even though a person can voluntarily choose to not exercise their parental rights, it is less easy to give up parental responsibilities. Even though your son may be the victim of a crime, statutory rape, that will not relieve him of his responsibilities towards the child. Cases thoughout the country seem to go against the underage father if it can be shown that he (even as a minor) voluntarily engaged in sexual intercourse. Here’s the best language I found from State ex rel. Hermesmann v. Seyer, 252 Kan. 646, 847 P.2d 1273, 1279 (1993), where the court concluded: “This State’s interest in requiring minor parents to support their children overrieds the State’s competing interest in protecting juveniles from improvident acts, even when such acts may include criminal activity on the part of the other parent…. This minor child, the only truly innocent party, is entitled to support from both her parents regardless of their ages.” So, absent other facts, next time use a condom and be prepared for 15-16 more years of child support. As usual, check out your situation with a local attorney practicing family law, as there may be other avenues open in your State that we did not find in our research.
