Legal Question in Family Law in California

The father of my child gave up all parental rights 10 years ago and he does not pay child support. Can he still request visitation rights even though he has given up all parental rights?


Asked on 6/27/12, 5:00 pm

3 Answers from Attorneys

Michael Schneider Family Law Center

Was there a step-parent adoption?

How did he "give up all his rights"?

Was there a court order to that degree?

Remember, if he wants the rights to visit then he has the responsibility to pay support.

You very much need to speak with an attorney that specializes in adoption law to give him/her all the facts and to get a better understanding of your situation.

Good luck!

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Answered on 6/27/12, 5:11 pm
Anthony Roach Law Office of Anthony A. Roach

Unless there was an adoption, or a court order in a dependency proceeding terminating his parental rights, he still has parental rights. Courts do not enforce agreements between parents to not be on the hook for child support.

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Answered on 6/27/12, 8:52 pm

Mr. Roach is exactly correct, and the flip side of that is that the courts also do not enforce agreements between parents to give up parental rights; the rights and responsibilities go together and cannot be waived unless the child is adopted, or the child is taken away from the parents by the courts for abuse or neglect.

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Answered on 6/28/12, 2:38 pm


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