Legal Question in Family Law in New York
Signed away custody
My husband signed all custody rights to his son 5 months ago in return saying that he no longer had to pay child support. Now the mother of the child has come back saying that she wants support. She also states that he is in violation of the court order because when my husband returned her phone call the child answered the phone and he spoke to him briefly.
I will add that she is in NY and we are in GA.
Does she have a case? Are we going to have to pay child support with no rights to see the child at all?
1 Answer from Attorneys
Re: Signed away custody
THE FATHER STILL HAS AN OBLIGATION TO SUPPORT HIS MINOR CHILD. HE CAN NOT ESCAPE CHILD SUPPORT LIABILITY BY A CONTRACTUAL AGREEMENT, SUCH AS THE ONE HE SIGNED WITH THE CHILD'S MOTHER. IF THE CHILD WAS ADOPTED BY A THIRD PARTY, THEN THE OUTCOME WOULD HAVE BEEN DIFFERENT. FEEL FREE TO CONTACT MY OFFICE FOR FURTHER CONSULTATION ON THE MATTER.