He has never supported her or bothered to call her in the past two years. Someone told me that in order to have his rights taken away she has to be adopted my fiance which I am not willing to do that.I want his rights gone for if something was to happen to me he would not be able to take her from my family. There is no order for support..Idon't want his money..All i want is the reassurance of knowing he could never take her. he has like 10 other kids and was abusive to his ex wife and I want my child to have nothing to do with that. So what are my rights?
2007-11-27 13:47:58 · 18 answers · asked by brisbeachmom 4 in Politics & Government ➔ Law & Ethics
You cannot resolve such a complicated issue here. But generally, you cannot terminate the father's rights against his will unless he is a danger to your child.
You need to talk to a Florida lawyer.
2007-11-27 13:51:58 · answer #1 · answered by raichasays 7 · 2⤊ 0⤋
Going to cost you a lot in court. Get a lawyer to start with. And ALWAYS take the money from the father. I pay child support and it sucks but if it helps my daughter live a normal life when she's with her mother then I'm okay with it. There's no reason you should let your children suffer through a "lesser" life since you are too proud to take money from their biological father. You could use the money for a college fund for the kids if nothing else.
2007-11-27 21:53:03 · answer #2 · answered by caseyz28ss 2 · 0⤊ 0⤋
Wow... I'm not from Florida, but you probably can't terminate his rights based just on those facts... I have a cousin whose husband tried to kill himself and was a total wreck in the parenting department, and he still gets supervised visitation and phone calls with the child...
If he agrees to it, then his rights & responsibilities can be terminated... try using that approach... like telling him he won't have to be responsible for child support ever again. He may not care and there you go! But I don't think, as long as he is walking & talking in the free country, that you can terminate without his permission. Good luck to you!!
2007-11-27 21:56:29 · answer #3 · answered by A W 5 · 0⤊ 0⤋
Your best bet would be to contact an attorney for the laws in your state.
As a non-lawyer I'm going to tell you what you can do, but you this can in no way be considered legal advice.
You can petition family court for him to give up his rights to her. He would be served with papers and have to agree to it. Depending on your state's protocol, you may have to have to meet with the judge.
You don't have to have her be adopted by your fiance, You do have to give up all rights to child support by her father, and if he dies, she is entitled to nothing (which it seems like that's how it already is).
Most family courts have the forms you need to do this prose, but like I said, your best bet is always to contact an attorney if you can.
You might also want to make a will (just incase) so that your daughter is placed where you feel is best.
2007-11-27 21:56:59 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I think you mean you want to terminate your daughter's father's parental rights. If you leave your question as is, it sounds like you want to terminate him and you will get a lot of smart-alec answers that will not be helpful to you.
There are two aspects to your question--one legal aspect and one family aspect--that dovetail into one question you need to answer.
The legal issue is terminating the parental rights of the biological father. The family issue is that, no matter what a low-life the guy is or you think he is--he is still your daughter's father and she will be harmed if you bad-mouth him or do extinguish his rights. It always bites the child in the end, and may even bite you. The worse you make him sound, the more your daughter may be interested in contacting him.
So. My question to you is "What resolution places the most weight on the best interests of your child?"
2007-11-27 21:54:30 · answer #5 · answered by Pagan Dan 6 · 0⤊ 0⤋
They won't terminate his parental rights unless your fiancee adopts her. No-one except a child's parents is legally obligated to support her.
If her fathers rights are terminated, and then something happens to you, the State will be responsible for the cost of raising her. Therefore they will not allow you to cut her father out of legal responsibility unless someone else is taking it over.
Richard
EDIT - to the person who said that getting a court to order sole custody would terminate his rights, no it wouldn't. Even an order of sole custody with no visitation would still leave him liable for child support, and able to go back to court later to request a modification.
2007-11-27 21:52:08 · answer #6 · answered by rickinnocal 7 · 3⤊ 0⤋
Often times, you can stipulate in your will who will have custody of your child upon your death. It doesn't necessarily have to be the father. However, the laws vary from state to state. So you should talk with an attorney who specializes in family law about this. That is really the best thing.
2007-11-27 22:01:27 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I do not know a lot about law, but it would be my suggestion to contact a lawyer and ask about the possibility of using the fact that he has abandoned her as just cause for him to lose parental rights. Anyone can be a "Father", it takes someone special to be a "Daddy" Good luck. :)
2007-11-27 21:54:07 · answer #8 · answered by sillybreaze 4 · 0⤊ 0⤋
LOL Murder is not the answer.
Hey, you're the one that said "I want to terminate my daughters fathers"...
Get an attorney to give you one of those free consultations. People on Yahoo! Answers can't really be trusted for legitimate answers for something this important.
2007-11-27 21:52:07 · answer #9 · answered by Wht_Knght 3 · 2⤊ 0⤋
If he has never paid, or shown any interest, then just take your daughter and go...There is no order for support or visitation, you can do what you wish and I doubt he will put out the energy to find you.
2007-11-27 21:51:41 · answer #10 · answered by CherryCheri 7 · 0⤊ 2⤋