Legal Question in Family Law in California
Can a Father waive all parental rights?
In California, can a father who is not named on the birth certificate but has been shown to be the father, waive all legal rights to a child? The mother/father married after the birth and then divorced. They have agreed to waive all parental rights of the father in exchange for no child support. No adoption is planned by a new father. Can they contractually accomplish this or is a court order required; and would the contract be valid?
1 Answer from Attorneys
Re: Can a Father waive all parental rights?
Mother cannot bargain away the right of a child to receive support from the father. Any such agreement would not be enforcable. However, any father who gave up his parental rights to avoid child support will not be well thought of by the court and will have little chance of getting any significant visitaion.
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