Child support payments are legally enforceable through court orders.
The parent who does not have custody is usually ordered to help pay for the expenses of raising his or her child, such as food, clothing, housing, and medical care. What happens if the mother of the child remarries and her new husband wants to adopt her child?
A child is the responsibility of the birth parents, not a new spouse for either one of the parents. A new stepfather is not responsible for children that are not his biological children.
Remarriage does not affect a father’s responsibility to continue to pay his fair share of the child’s necessary support.
However, the only way the biological father can get out of paying child support is if he signs over his rights as a parent. The mother has to agree to this as well. If the biological father is willing to terminate his rights, you may seek a termination of parental rights and stepparent adoption.
If the termination occurs, any child support obligation ceases. If there is no agreement, you must proceed with a contested termination of parental rights, which can be much more difficult. There is hope though – abandonment financial and physical may be a basis for such an action.
Then, if the stepfather adopts the child legally, financial responsibility of the child becomes his and the order for child support should be closed at that time for the biological father.
It’s not at all unusual for the non-custodial parent who has little or no relationship with his child to consent to the adoption of that child by a stepparent. Not always, but often, the adoption comes after the non-custodial parent has repeatedly failed to pay court-ordered child support.
In the event of a divorce between the mother and her new husband, the father who adopted the child would still have to pay support.
If you have remarried and your new husband wants to adopt your child, it would be wise to consult an experienced family law attorney to discuss your legal rights and options. Every case is different. Contact the family law offices of Holstrom, Sissung, Marks & Anderson for the help you need. Let us guide you through these complex issues so you can focus on moving forward with your life.
To learn more visit us online, send us a message, or call us we are Southern California’s Top Family Law Attorneys Holstrom, Sissung, Marks & Anderson APLC.