Legal Question in Family Law in California

I gave up my physical and parental rights in my marital spousal agreement as part of my divorce in the state of California. Am I still obligated to pay child support?


Asked on 6/24/16, 1:00 pm

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

You cannot give up parental rights (and responsibilities) in a MSA. You can only agree that you will not have physical and/or legal CUSTODY for so long as the court orders are in effect. You have a right until the child is 18 to go back and ask for a modification of that. It is not a surrender of parental rights. There is no legal way to give up parental rights unless it is part of a step parent adoption by your ex-spouse's new spouse. With the rights go the obligation to support the child. That in large part is why they won't let you give up the rights.

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Answered on 6/25/16, 6:29 pm


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