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Do you still pay Child Support if you sign over your rights? and if his grandmother adopted him?

San Diego, CA |

My boyfriend, had a one night stand with a girl, 12 years ago, she got pregnant and had his baby, he signed his rights over. and has no visting rights. And he wants to know if he would still have to pay child support in the state of cailforna? He's also hasn't paid child support in many years, due to being homeless and having no job. Does he still ow them child support? And how would he find out?
The child has been adopted by his grandmother. She has custody but, the child lives with his mother. She tried to committ suicide and that's why the grandmother adopted the child. What happens now?

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Attorney answers 2

Posted

In Georgia you are responsible for child support unless your parental rights have been terminated. Check with a local attorney for the law in your state.

This response is intended to be a general statement of law that should not be relied upon as legal advice and does not create an attorney/client relationship.

Posted

Termination of parental rights is a court order that permanently severs the legal parent-child relationship in order to serve the welfare and best interests of the child. Public policy presumes "best interests" to mean contact with and support from both parents, until and unless the court determines the parent(s) to be unfit. If the “signing over of rights” was a termination, the obligation to pay support has also ended.

IMPORTANT: Termination of parental rights IS NOT granted by the courts on request or by mutual agreement of the parents as a means of solving visitation or support disputes.

California courts terminate parental rights of one or both parents through the following:

1) In Juvenile Dependency Court: The child becomes a ward of the court, and termination is involuntary when the court finds that the parent(s) have abused, neglected or abandoned a child, and/or that the parents suffer from some mental or physical incapacity that makes it impossible for them to provide normal parental care.

2) In Family Court, voluntarily when the birth parents relinquish the child to an agency adoption or to an independent adoption, or in a parentage action, without the consent of the father if the court terminates his parental rights in the best interests of the child.

3) In Family Court, when a stepparent adopts the child. Termination is with the consent of the non-custodial parent, or without his or her consent if the court finds that the parent has willfully abandoned the child.

4) In Family Court, when a minor at least 14 years old petitions the court for emancipation to become an adult before the age of 18, receives written permission from the parent(s) and the court finds that granting emancipation "would not be contrary to the minor's best interest." (Emancipation can be rescinded, or reversed.)

This is the law the tells you what the grounds for termination are:
Welf. & Inst. Code §§ 361.5(b), (h), (i); 366.26(c)(1)

Circumstances That Are Grounds for Termination are Abandonment or Extreme Parental Disinterest; Abuse/Neglect; Mental Illness or Deficiency; Alcohol or Drug Induced Incapacity; Felony Conviction/Incarceration; Failure of Reasonable Efforts; Abuse/Neglect or Loss of Rights of Another Child; Sexual Abuse; Failure to Maintain Contact; Failure to Provide Support; Child Judged in Need of Services/Dependent; Child's Best Interest; Felony assault of child or sibling; Murder/Manslaughter of sibling child

Your boyfriend needs to find out if his parental rights were terminated and if the child has been legally adopted. Answering these questions will answer whether or not he must pay support.

Best of luck to you.

This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.

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