Voluntary Termination of Parental Rights?

Question

I was wondering if anyone has any information on how to go about obtaining a document that would voluntarily terminate a father's rights to his child in the state of Florida? It is a difficult situation and much too extreme to begin to discuss on here, although my ex is interested in releasing his rights and starting a new family with his new wife. In looking out for the best interests of my child, I am trying to find information/documentation on how to go about doing this. Is there a petition that he can sign stating he is releasing his rights? He is in the US military at this time and going through an attorney will be a complicated and expensive procedure. Any way we can establish this between the two of us civilly and legally without involving an attorney? If anyone has any links to some documentation that would be a great help!! Thanks!

*We have already established paternity. My child is 3 years old and we have been through the court procedures and have established paternity and child support*

Answer 1

Not sure if you know what you are asking; to terminate his rights would also terminate his responsibilities and he would no longer be required to pay child support. You may mean that you want sole custody.

You cannot just draw up paperwork for him to sign that will recognized by the Courts should he change his mind.

It is not just a matter solely between you and the child...it is a matter between you, he and the child, which is why you are going to have to go to Court.

The Court will decide what is in the best interest of the child and that is at minimum, him paying child support even if he does not choose to have any sort of visitation.

As an above poster stated, the Court pretty much never terminates the father's rights unless there is another man willing to adopt the child in the picture.

Answer 2

You're in a tough situation.

First, the biological father has to petition the court to relinquish his parental rights. Before the petition can progress, a DNA test will be order that he will have to pay for to establish paternity. Once paternity is established, he can file the petition. The only way a court will grant the voluntary termination of parental rights is if there is another man willing to adopt the child. The courts itself can relinquish his rights due to circumstances but with what you wrote it does not appear to have any play in the matter. Regardless, he'll have to hire an attorney for him to draw up the petition the court.


Edit; the next step will be him hiring an attorney to petition the court for voluntary termination of parental rights. Like I said earlier, the only way a judge will grant this is when there is another person willing to adopt the child. Other than that, and by what you say, there is no alternatives. The judge will see it in the best interest that the child at least has an obligator to said childs welfare.

Answer 3

If he is in the U.S. Army, he can go to his local JAG office (Judge Advocate General) and obtain all the paperwork he needs to release custody rights. When my husband was deployed, the unit suggested that all the men release their rights while deployed, so that the spouses would have an easier time with some of the legal things that needed to be done concerning the children. It is a free service to him, all he has to do is go in and ask for a parental rights release form. Even if that is not exactly what it's called, they will know what he is talking about....

Good luck!

Answer 4

if the two of you won't cause a stink about my suggestion, should you go through with it, just let him give up his visitation rights for one year and a day, and it's automatically done. No lawyers involved.