Thursday, January 21, 2010

Can a custodial parent make the noncustodial parent pay child support if the child is adopted by a stepparent?

Also, is it legal for the stepparent to adopt without the noncustodial parent signing the adoption papers?Can a custodial parent make the noncustodial parent pay child support if the child is adopted by a stepparent?
Once adopted, the non-custodial parent is relieved of support payments. But is not relieved of past due payments owed. Quite often these arrears child support payments are a bargaining chip to get the non-cust parent to relinquish his/her parental rights.

The non-cust parent must relinquish parental rights or be relieved of those rights by the court before the child can be adopted.Can a custodial parent make the noncustodial parent pay child support if the child is adopted by a stepparent?
Adoption by a step-parent does not modify the custody and support agreement. The non-custodial parent must continue paying child support as ordered by the court until it is modified. However, the child being adopted by a step-parent would be a good reason to request the court to modify the agreement.

Whether or not the noncustodial parent's permission is required for adoption depends on the exact custody agreement. If complete legal and physical custody was awarded to the mother, the father's agreement is completely not needed. If the father retained some right as to how the child was being raised and a modicum of legal custody, then permission may be required. It would depend on the exact nature of the custody agreement.
For the step parent to adopt, the bio parent must sign his/her rights away, or the courts terminate his/her rights if the bio parent cannot be found.. And once the adoption is over, it legally is the same as if the step parent is the bio parent, so the bio parent would no longer have to pay future support payments (arrears are still on record since this was owed before the adoption).
Basically your question is can i strip my ex of rights and make him pay me as i do it??

Answer: What a *****!


First, a step-parent CAN NOT adopt a child without

non-custodial consent.

Secondly, Once the adoption has taken place (if the non-custodial parent signs) will VOID all future child support payments. Why pay if you can't see the child? Custodial parents can not always have their cake and eat it to.

EDIT: We just went through this with my husbands ex. He became so tired of her bullshit and of her putting their child through the mud, he signed over his rights so his son would not be harassed by his mother about what he does here and so forth. So I know first hand, you MUST have the other parents consent AND they DONT have to pay support after adoption! Nor, do they have to petition the court for child support to end,once there is an adoption the non-custodial parent is no longer the parent so no longer obligated to give to the blood sucking mother!
It is not a legal adoption unless the non custodial parent releases his parental rights. Once he does, he is not obligated to pay child support. A parent can not make another parent do anything. The courts do that.
No to both questions

If the Step Parent has legally adopted the child then the order granting the SP adoption rights would terminate child support.

And no the SP cannot adopt without the NCP permission.
The biological parent normally has to give up his or her rights unless they were previously terminated by a judge, i.e. a case of abuse/neglect etc.

Sound like you need a lawyer.

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