Legal Question in Family Law in Florida

Adoption/Child Support/Divorce

My brother and his wife are about to adopt a little boy. If they get divorced will he still have to pay child support? His wife wrote down on paper that if they divorce or separate that he will lose his parental rights and she will not ask for child support. Is that legal?

Isn't it a law that you can not waive your right to waive child support?


Asked on 1/26/09, 6:52 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Adoption/Child Support/Divorce

If they divorce, they will have to decide (or fight for) who has timeshare and when and what the child support will be, just as if the child were their biological child. You can no more sign over child support or parental rights to an adopted child than any other child. You are right that child support can't be waived, even with an adopted child. As far as the law is concerned, adopted children are exactly the same as biological children.

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Answered on 1/27/09, 9:13 am


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