Legal Question in Family Law in California

Your soon to be ex can sign away most of his rights - but can't sign away his duty to support his children - absent someone else adopting them. He can however, agree for you to have sole legal and physical custody with no visitation for him. You can agree that you can support the children by yourself. This can be put in a judgment and unless the court thinks the children will suffer because you don't have enough of an income to support them; the court will sign off on the agreement. The upside for you and downside for dad, is that you can always change your mind about receiving child support and get a new court order. Its a lot harder for him to change his mind about giving up legal and physical custody.

Mr. Walker is correct.

BARRY BESSER

www.besserlaw.com

Mr. Walker's answer is correct, but the key point is that if you do not want child support the court will have to be convinced that it will not affect the children negatively. In addition, although he can sign away is rights to custody and visitation, and it will be hard for him to go back later and change that, it is not impossible, and he can never give up the right to do that unless you remarry and do a step-parent adoption.