Legal Question in Family Law in Canada
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My son's biological father has decided to sign over his parental rights, if he does so, does he still have to pay child support in Ontario Canada? Also i'm on finanacial assistance if that makes a difference.
1 Answer from Attorneys
Re: Help
You have directed this question to a British Columbia law firm and as bnoted on the LawGuru website, the question must be answered with reference to B.C. law. The law varies from Province to Province as family law is a Provincial, not Federal, responsibility. We doubt that the law in Ontario is different in this regard then the law in B.C., but you are strongly advised to consult an Ontario lawyer.
By signing over parental rights, we assume you mean to the mother and not to someone else by way of adoption. If that assumption is correct, it has no effect on child support; the right to collect child support is NOT the right of the custodial parent, but is the right of the child, and it is not lawful for one parent to give up the right to collect child support from the other. She can't do so, as it is not her right to give up.