Legal Question in Family Law in California

If the father of my child is not on the birth certificate, has agreed to not pursue visitation, and I don't want child support, is there something he can sign to waive his rights? In California?


Asked on 3/27/12, 4:01 pm

4 Answers from Attorneys

No. In fact I know this from personal experience. My partner wanted sole control of our child and I was agreeable to it, but we found it was not legally possible. The public policy of the state is for all fathers to remain at least potentially responsible to support their children. So unless the father is found permenantly unfit, such as due to repeated severe child abuse or endangerment, or another man takes on fatherhood, such as in a step-parent adoption, there is no way a man can waive his parental rights and the responsibilities that may come with them.

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Answered on 3/27/12, 8:41 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick. Agreements to waive child support are unenforceable in California.

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Answered on 3/28/12, 10:01 am
Michael Schneider Family Law Center

In other words, in order to stop both the rights and the responsibilities, you would need for another person to take on those responsibilities as CA law does not allow a child to legally be left without a parent. Good luck!

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Answered on 3/30/12, 10:51 am


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