Signing over rights

[Sweetie]

Child is 5 years old.  Father wants to sign over rights to mother.  Does he still have to pay child support?

Mother has full custody with father having visitition.  Divorce papers says husband is to pay child support each month.  

[socrateaser]

>Child is 5 years old.  Father wants to sign over rights to
>mother.  Does he still have to pay child support?
>
>Mother has full custody with father having visitition.
>Divorce papers says husband is to pay child support each
>month.  

Unless there is another person besides the mother who is willing to step into father's shoes and take over his legal duty as parent, the court will not terminate father's parental rights, except in the most extreme cases of abuse or abandonment. The court must act in the child's best interests, and usually this means ordering at least one parent to provide financial support for the child. Your facts present no extreme circumstances, therefore I see no likelihood of the court permitting father to terminate his parental rights.

However, mother and father can stipulate to a child support award of $0. But, be advised, that mother can return to court at any time and request a support modification back to state guidelines.

[Sweetie]

>
> But, be advised, that mother can return to court
>at any time and request a support modification back to state
>guidelines.

Even if he signs over his rights?  Just saying IF a judge allowed it.  There is no abuse..or at least none we can see now.  This is my niece we are talking about here. Mother has somebody willing to step up and take responsibility of the little girl.
The father has now remarried and his new wife, we think, is wanting him to sign over his rights, so he doesn't have to pay child support.  New wife also has 2 kids that her mother takes care of.  Seems like the kids are in their way.

[socrateaser]

>>
>> But, be advised, that mother can return to court
>>at any time and request a support modification back to state
>>guidelines.
>
>Even if he signs over his rights?  Just saying IF a judge
>allowed it.  There is no abuse..or at least none we can see
>now.  This is my niece we are talking about here. Mother has
>somebody willing to step up and take responsibility of the
>little girl.

>The father has now remarried and his new wife, we think, is
>wanting him to sign over his rights, so he doesn't have to pay
>child support.  New wife also has 2 kids that her mother takes
>care of.  Seems like the kids are in their way.

If there is a new person who is willing to adopt the child (because that's what will be required), then the court will order the natural father's support obligation permanently terminated, and the father will become a "legal stranger" to the child. But, if the father and mother merely stipulate to a 0$ support order, then the mother (or father) can come back at any time and move for an upward mod to the state guideline support amount, and the court will grant the modification.