Legal Question in Family Law in California
The father of my child wants to sign away all legal rights he has towards the baby. If he does this, can I still try to receive child support from him, even if I have full/sole custody?
1 Answer from Attorneys
He cannot sign away his rights unless another man is willing to adopt the child with you. Parental rights cannot be surrendered because parental responsibilities cannot be abandoned, and they go together. He can give you sole legal and physical custody, but he cannot give up the right to go back and try to get some or even primary custody at a later date if circumstances change. As for support, you actually get more support the more you have the child. The idea is that each parent pays their share for the child. They are presumed to be paying it when the child is with them and they owe it to the other parent when the other parent has the child. So if he has zero custodial time he will owe the maximum support.