Legal Question in Family Law in California
If the court terminates the parental rights are the parents responsible for child support, even though the grandparents have custody of the children and are adopting them?
2 Answers from Attorneys
The obligation to pay child support terminates only when parental rights are terminated. Consequently the biological parents, separately and individually, remain responsible for any support due during the time that the children were in the custody of the grandparents. Also, once parental rights are terminated in the biological parents, the biological parents are still responsible for any child support arrears (unpaid support) up to the point where the adoption is final.
Termination of parental rights also terminates the obligation pay child support. However, it does not terminate any arrearages that may have accrued prior to the termination of parental rights.