My wife's ex has never paid child support. Not a dime! He wants to be a part of his daughter's life, but is unwilling to pay anything. He doesn't want to pay because he view it as my responsibilty. He has financial, legal and other problems. We want him to sign over rights, which he is apprehensive about but said he will do. Our daughter's state of birth is Florida, our current state of residence is California. What do I need to do to have him sign his parental rights over? Do I need to contact a lawer? Are there any laws governing inter-state parental rights issues?


Ryan M

excon

Hello ryan:

Yes, you need a lawyer.

excon

tawnynkids

You know what, it is great that you are doing what he isn't financially. But that is also a part of the responsibility you agreed to when you married into that family. Honestly paying support has nothing to do with whether he should have rights as her parent. You have no right to ask this guy to have no rights to his daughter simply because he won't pay child support especially because he does want to be a part of her life. It is her right to have him in her life! What does she want? It is great that you are the one supporting her financially but that does not mean her father should just get booted out of her life. Forgive me if there is more to this story that you did not explain here that makes him a detriment in her life because that would certainly warrant a different response. But as you have simply stated it here I don't think what you are wanting to do is right.

However, that being said you will likely need to prove grounds for terminating his rights by this statute: Florida - Grounds For Termination of Parental Rights

If there is a child custody/visitation/support order already you will have to file in Florida as that is the state in which the court has jurisdiction. If not then you can file in California as long as you meet the residential requirements. You will also need to adopt her while terminating his rights. As it is a procedurally complicated matter you will need to hire a lawyer.

jgibby101

how to i go about signing my rights over to my childs mother ????

Tootruetooblue

Are you aware, Jgibby101 that even if you sign over your rights you are still responsible for paying child support? All that you are giving up are rights to be involved in your child's life.

if knowing that you still wish to do this, you need to contact an attorney in your county, or need to go to your county courthouse and see if they can help you file the paperwork there.

Be aware that signing over your rights like this could be a very damaging thing for your child. Knowing that your father basically walked away si a pretty hard thing for a child to understand. If it's a matter that she views someone else as her father, then your decision may be very positive for her.