Legal Question in Family Law in California
My ex-husband signed concent for my Husband to adopt my child, still is not final but papers have been filed, next is investigation followed by hearing, my ex-husband still has visitation order in place and says if he has to pay child support until it is complete then my child still has to abide by the court order, can I get a temporay order so she will not have to go over? or dose she still have to go. There are two children from my ex-husband, he is only wanting to sign one over so to lessen his child support.
2 Answers from Attorneys
I have serious questions about this situation. First what is the message to the children. That one of them is more importan t thant the other to bio father and the other to yourself and new husband. Relinquishment of parental rights should not be a monetary decision. The court and the social worker may also take a dim view of this conduct. I would think that your would want adoption for both children, or neither child.
In response to your question you can not collect child support for that child.
Mr. Johnson is wrong. Until the adoption is completed, your ex is liable for support and he is entitled to enforce the visitation order in place. You can ask the Family Court to modify the order pending the adoption, but until you have a new order, or the adoption is completed, you have to abide by the visitation order and he has to pay support.
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