If my daughter’s mother gives up custody and it becomes a joint custody between her grandmother and I, will my daughter’s mother still have to pay child support?

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If my daughter’s mother gives up custody and it becomes a joint custody between her grandmother and I, will my daughter’s mother still have to pay child support?

Asked on October 3, 2012 under Family Law, New York

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It depends on how mom is "giving up custody."  If her rights are terminated completely, then generally, the parent/child relationship is ended, including the obligation to pay child support.  If her rights are not terminated, but she is only giving someone else primary custody of the child, then, yes, she could be ordered to pay child support to the main custodial parent.   This is usually the parent that retains the right to determine the primary residence of the child.


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