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22 Aug 16

will an annulment alter his parental rights?

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Although an annulment and a divorce both dissolve a relationship, they do so for two different reasons. A divorce marks the legal dissolution of a valid marriage while an annulment dissolves a marriage that was never valid. Regardless of whether a couple gets a divorce or an annulment, it generally would not alter the parental rights of the father.

What’s the Relationship Between the Father and Child Like?

Even if you get an annulment, a judge would still have to take the best interests of the child into consideration when determining who to name as the father. One of these factors is the type of relationship the father and child currently have. If a dad plays a significant role in providing for a child’s needs, it may not be best for the child to take away his parental rights to be with your son or daughter.

Is There Any Acknowledgement of Paternity?

It is possible for couples that are not married to acknowledge who the father is when the baby is born. This may be done at any time before or after the child is born, and paperwork is generally filled out at the hospital. However, this scenario may not be common because the couple would have to have known that an annulment was coming ahead of time to make such a decision. This is because the child’s parents would be married, which would make them the legal parents by default.

Blood or DNA Testing May Prove Paternity

If a man can prove through blood or DNA testing that he is the biological father of a child, he will get parental rights. Those rights will generally be abridged or denied in full if he is a danger to the child. This means that the mother may be entitled to child support while the father may be entitled to visitation and other decision making power with respect to the child. It may be true even if the mother has remarried or is otherwise in a committed relationship with another person since the annulment took place.

A Father Could Voluntarily Give Up His Rights

It is possible that a father will give up his parental rights if doing so is in the best interest of the child and mother. In some cases, he may agree to pay a lump sum of money in the form of child support in exchange for having no further obligation to raise or otherwise support his biological son or daughter. Such agreements may take place in the event that a father has had no role in his or her child’s life for many years or simply doesn’t want to be in the child’s life.

Parental rights are generally linked to the relationship between the father and child as opposed to the relationship between the parents. Therefore, a father may be able to see or be involved with his son or daughter even if a marriage was annulled unless a court rules otherwise.

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