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I now live separately from the woman with whom I had a child and pay maintenance for him. She wants me to give up my guardianship over him. Will this mean that I don’t have to pay maintenance anymore?

By: דיאנה שאלתיאלPublished on: 19 May, 2022

No ! Under the 1962 Legal Capacity and Guardianship Law both biological parents are a minor’s natural guardians, although only one of them , usually the father, may be declared the parent with custody, and the non-custodial parent is the one who has to pay maintenance. Even if the mother files a plea to become the sole guardian of the minor, and the father agrees to this, it is unlikely that the court will accept this, unless there are exceptional circumstances, such as his prolonged absence from the country and lack of interest in the child. Furthermore, even if the court does agree to the mother becoming the minor’s sole guardian, this will not free the father of his maintenance obligation towards the child.


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