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Unfortunately, you still have to pay if these are her grandparents. It is up to the grandparents to suggest to her that she pay something towards the children. If they are your grandparents then they can seek legal council and demand she too pay child support. If she is living with the grandparents and raising your child then it is solely up to the grandparents to decide if they foot the bill or she does. Sorry. Marcy

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19y ago
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18y ago

Court ordered child support is to be paid to the person that is caring for the child. If there is a dispute over who that person should be, it is a matter for the court to decide not the parent paying the support. The fact that the child may move in with another relative is not legal grounds for stopping support payments.

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12y ago

Depends how your child custody/support is laid out legally and the local laws in your area however, the monies that are paid for child support are to go to the person with custody or living with - hence the grandmother. Child support is to pay for the support of the child and if the child lives with the grandmother but the father is still paying for this it is a gray area. Either talk rationally with your husband as parents and adults not as ex's but if that is impossible I would definitely say contact a lawyer and get their advice. Good Luck!

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12y ago

The father must pay child support but not to the mother if she doesn't have custody. He should return to court and have the order modified so that the payments go to the legal guardian. He should obtain a copy of the decree that granted guardianship to the grandmother and submit it to the court to expedite the modification. The guardianship file should be at the same court as the child support order. If the court has granted guardianship to the grandmother then she should receive the child support.

The father must pay child support but not to the mother if she doesn't have custody. He should return to court and have the order modified so that the payments go to the legal guardian. He should obtain a copy of the decree that granted guardianship to the grandmother and submit it to the court to expedite the modification. The guardianship file should be at the same court as the child support order. If the court has granted guardianship to the grandmother then she should receive the child support.

The father must pay child support but not to the mother if she doesn't have custody. He should return to court and have the order modified so that the payments go to the legal guardian. He should obtain a copy of the decree that granted guardianship to the grandmother and submit it to the court to expedite the modification. The guardianship file should be at the same court as the child support order. If the court has granted guardianship to the grandmother then she should receive the child support.

The father must pay child support but not to the mother if she doesn't have custody. He should return to court and have the order modified so that the payments go to the legal guardian. He should obtain a copy of the decree that granted guardianship to the grandmother and submit it to the court to expedite the modification. The guardianship file should be at the same court as the child support order. If the court has granted guardianship to the grandmother then she should receive the child support.

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11y ago

The answer is NO. Child support exists so the custodial parent can get help from the non-custodial parent to pay for the child's expenses like food, clothing, roof over their heads etc. If the Mother is not the custodial parent she is NOT entitled to Child support. So if the grandparents have custody of the child the child support should go to them directly. This have to be modified in the court where the child support was issued.

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12y ago

The father must pay child support but not to the mother if she doesn't have custody. He should return to court and have the order modified so that the payments go to the legal guardian. He should obtain a copy of the decree that granted guardianship to the grandmother and submit it to the court to expedite the modification. The guardianship file should be at the same court as the child support order. If the court has granted guardianship to the grandmother then she should receive the child support.

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16y ago

Yes if the grandparents do not report it. Legally no.

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14y ago

The answer to your question varies by State. However the parents of a child generally have a duty to support the child.

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13y ago

Unless the grandparent has adopted the child the parents are still responsible and should pay child support... I think.

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13y ago

It's quite possible.

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Q: Do both the mother and father have to pay child support if grandmother has custody?
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Can a grandmother take custody of her grandchild if the mother is unfit and the father lives is in jail going to get deported?

The court would have to award you custody.


If the court order states that the mother has permanent sole care custody and control custody of the child and the child lives with his grandmother does the father still have to pay child support?

Yes, but he could file for custody. Not tomorrow, nor next week. Take a month and prepare. see links below.


Is the child state property if the parents are not legally married?

No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.


Who has custody when both of the parents names are on the birth certificate?

Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.


The agreement between 2 parents is custody to mother but weekends for father if the mother dies who would get custody?

the father gets the custody of the child if the mother dies

Related questions

If child support hearing is set and mother has left the child with the grandmother can the father file for full custody?

Yes; he can.


If the father doesn't have custody and the mother is unfit can a grandmother get custody?

It's possible.


Can a grandmother who has legal custody of a child give custody to the mother without notifying the father?

No. The grandmother cannot legally transfer custody to the mother only the court can do that. The father can file a motion in court to have a hearing on the matter.No. The grandmother cannot legally transfer custody to the mother only the court can do that. The father can file a motion in court to have a hearing on the matter.No. The grandmother cannot legally transfer custody to the mother only the court can do that. The father can file a motion in court to have a hearing on the matter.No. The grandmother cannot legally transfer custody to the mother only the court can do that. The father can file a motion in court to have a hearing on the matter.


If father has sole custody of child can he adopt him to his grandmother without mother's consent?

no, she must approve


Can a grandmother share legal custody if mother is unfit but makes the request?

It is unlikely that the court would order "shared custody". If the mother is unfit the grandmother can petition to be appointed the legal guardian of the child. However, the father must consent.It is unlikely that the court would order "shared custody". If the mother is unfit the grandmother can petition to be appointed the legal guardian of the child. However, the father must consent.It is unlikely that the court would order "shared custody". If the mother is unfit the grandmother can petition to be appointed the legal guardian of the child. However, the father must consent.It is unlikely that the court would order "shared custody". If the mother is unfit the grandmother can petition to be appointed the legal guardian of the child. However, the father must consent.


Can a grandmother take custody of her grandchild if the mother is unfit and the father lives is in jail going to get deported?

The court would have to award you custody.


If a mother and father have joint custody can the father leave the child with the grandmother when the father goes out of the country?

If it's his turn, and the court gave 1/2-and-1/2 custody. Maybe.


Can a mother sign her rights over to the grandmother even if the father has rights to?

She needs to consult with an attorney. Both parents would need to consent to a guardianship with the grandmother as guardian. If the mother doesn't want custody then the father would be the one with legal standing for sole custody.She needs to consult with an attorney. Both parents would need to consent to a guardianship with the grandmother as guardian. If the mother doesn't want custody then the father would be the one with legal standing for sole custody.She needs to consult with an attorney. Both parents would need to consent to a guardianship with the grandmother as guardian. If the mother doesn't want custody then the father would be the one with legal standing for sole custody.She needs to consult with an attorney. Both parents would need to consent to a guardianship with the grandmother as guardian. If the mother doesn't want custody then the father would be the one with legal standing for sole custody.


Can a married father win custody of a child The mother is deceased and child currently living with grandmother?

Custody issues are decided by the courts on the basis of the best interest of the child in question. If the child is likely to be cared for better by the father than by the grandmother, then yes, the father would have a good chance of winning custody.


What rights exist for the grandmother of a newborn whose minor mother has been declared unfit?

The father would have priority unless he has been deemed unfit or does not want custody. If the father consents the grandmother will likely be appointed legal guardian. If he objects there will be a hearing at which both sides present evidence to support their request for custody and the court will render a decision based on the best interest of the child. The grandmother should consult with an attorney who specializes in custody issues.


What if your children live with their maternal grandmother and the child support you pay is kept by the mother and used for her other child's needs different father in California?

File a motion to the modify support order, a motion that the mother also pay, or go for custody. see link


In Texas if the mother has custody of the children and goes to prison does the father still have to pay child support?

Yes, if the father is not given custody he will be obligated to keep paying support to whomever the court awards custody or guardianship of the children.