In Re Marriage of O'Connell

We are called upon to determine the effect of an order declaring minor children free from custody and control of a parent (Civ. Code, § 232) upon that parent’s obligation to support the children. Appellant Pamela L. O’Connell was the petitioner in a dissolution proceeding against respondent James E. O’Connell. She appeals from an order of the trial court terminating the child support payments awarded in the decree of dissolution.

An order under Civil Code section 232 does not, as a matter of law, automatically terminate the child support obligations. It is a relevant consideration in a motion to reduce or terminate the support payments. That is all. All other matters generally considered by the court, including the needs of the children, are important. The trial court entered its order terminating the child support payments apparently based exclusively on the existence of Civil Code section 232. The record shows consideration of no other factors. Accordingly, we reverse and remand.

While Pamela wants child support she urges the view that, as a matter of law, James can enjoy no visitation rights under any circumstances. We disagree. We hold that the court still has the…