Hawthorne, CA asked in Child Custody and Child Support for California

Q: In California if the father signs over parental rights to the mother. Does he still have to pay child support legally?

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2 Lawyer Answers
Robert Kane
Robert Kane
Answered
  • Divorce Lawyer
  • Eagan, MN
  • Licensed in California

A: Yes.

In California if the father signs over parental rights to the mother. Does he still have to pay child support legally?

James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if a father signs over his parental rights, it typically means he is giving up all legal rights and responsibilities to the child. However, this does not automatically terminate his obligation to pay child support. Child support obligations usually continue unless there is a specific court order that states otherwise.

Terminating parental rights is a serious legal matter and usually requires a court's approval. Even if the mother and father agree on terminating parental rights, the court's primary concern will be the best interests of the child. The court may decide that the father must continue to pay child support to ensure the child's financial needs are met.

To have child support obligations ended, you would generally need a court order explicitly stating that the father's responsibility to pay child support is terminated. It's important to understand that these decisions are made on a case-by-case basis, considering the child's welfare.

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