A common mistake some fathers make is thinking that if they have a child and give up their rights to that child, they won’t have to pay child support. In fact, unless the mother lets you off the hook through a court order that says you don’t have to pay, she can still collect child support in Illinois and you’d have no rights to the child if you gave those rights up.
I tell fathers that call me to never give up their right to a child, even if they don’t want anything to with them, without thinking more long term. Once a Judge says you are no longer the parent, that is irreversible. So if in five years you decide you want to be involved in their life there is nothing you can legally do. If the Mom dies you would have no right to claim custody. If the child was killed in an accident, you couldn’t sue for wrongful death.
Morally I have no respect for anyone that would bring a kid in to this world and then give up on them, but my job is not to make moral judgments, just to give legal advice. Legally speaking, even if you want to give up your rights, you should never do so without getting something in return, namely getting the mom to agree that you don’t have to pay child support. Without that, there is no real benefit to you. You may feel like you are off the hook, but you won’t be financially and of course you’ll always know that you have a kid out there some where. The person you are today may not want to see them, but odds are that you will change as a person in the next 5-10 years and will want to have the right to change your mind.
Bottom line is that this is an action that should only happen if you have really thought things through and are gaining something. Because once it’s done, it’s done forever and you may still be paying money for a child that you know nothing about.
Tags: Cook County child custody lawyer, Evanston family lawyer, Illinois parental rights, Waukegan family lawyer