IF A FATHER GIVES UP CUSTODY RIGHTS, WILL HE STILL BE REQUIRED TO PAY CHILD SUPPORT?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: If my husband gives up custody of his child, is he still required to pay child support in California? What will qualify my husband to not be financially responsible of this child? My husband has a daughter from another marriage, and he is debating on whether or not to give up his rights to parent her. If this is what he chooses, will he still be required to pay child support?

ANSWER: It would be a mistake for your husband to "give up" custody of his child.

California's Mandatory Child Support Guideline is based on the father's income, the mother's income, and the parties' timeshare of the child. If your husband diminished his timeshare to zero, he would pay the maximum amount of child support.

Children are entitled to be supported by both parents.

Furthermore, children are entitled to relationships with both parents.

A choice by your husband to "abandon" his daughter could have significant emotional repercussions, now and in the future - his daughter could be hurt by such a choice, and she would likely resent him and his making that choice for the rest of her life. He could later regret having made such a choice.

Better for him to participate to the fullest extent possible in his daughter's life and wellbeing. He'll have a happier and healthier daughter, and his Child Support obligation will be lower than it would be if he didn't participate in his daughter's life.

This blog is brought to you by DONALD F. CONVISER, a Los Angeles Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Los Angeles Divorce Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, responding to questions posed to him about Divorce and Family Law.