If my ex husband wants to give up his rights to my daughter does someone have to be there to take over his rights or not?? He has not been in her life at all and she is only 18 months old. He wants to give up his rights but not to my soon to be husband unless he has to, so I am trying to find out my options.

His rights to his kids? Why would he want to do that?

He would STILL HAVE TO PAY CHILD SUPPORT!

Giving up your rights does NOT mean giving up your obligations.

Have you read any of the many threads pertaining to this issue? Generally the only time a bio parent CAN give up their rights is if there is a couple or step parent wanting to adopt.

Relinquishing parental rights does not end parental responsibility. It just means you have no say in how the child will be raised, no visitiation or contact. You still have to pay child support.

He wants to give up his rights because I don't think that he wants a child... I mean he left her when she was just a mont old... and hasn't been in her life since. From my understanding for him not to pay child support my soon to be husband has to adopt her??

Basically what does it matter if he "gives" up his right or not, you can't force him to be responible and do what a father is suppose to do.

He does not have to visit, the child ever if he does not want to, he can do that by giving up his rights or not.

But I would bet he believes if he gives up his right, he does not have to pay child support, we get people here all the time that believe that.
So once he finds out he will still have to pay child support, he will most likely see no reason to go to legal cost of giving up rights, since all he has to do is just not visit.

Ok... But they passed a new law in Florida that I have to have his permission to move out of the state even if he doesn't live here. Giving up his rights to my daughter would be the best thing. So even if my soon to be husband adopts her my ex would still have to pay child support?? He doesn't want to see her or anything like that but he still wants to have to say so in how I raise her and where I choose to raise her.

If your ex gives up his rights, he has no legal say in how she is raised.

If your soon-to-be husband adopts her, he legally becomes her father, and your ex has no rights or responsibilities to her, including child support.

You should talk to a family lawyer about this.

OK... Thank you... I have talked to my divorce lawyer about it but he was said the best way is for my soon to be husband to adopt her but I was looking to see if there was an easier way.

I think you misunderstand the law. The only way I can see you being prevented from moving is if he has visitation rights and moving would me a hardship for him to exercise them. But if he isn't in the state, then he shouldn't be able to prevent you from moving. For your husband to adopt the bio father has to agree to it. But, from what you say that shouldn't be too hard.

No that's is what my divorce lawyer told me... I have to file a paper that is sent to my ex 30 days in advance then submitted to a judge for me to move out of the state of Florida...

Sounds to me like you need a new lawyer. I'd have to see the exact wording of such a law to see if your atty is interpreting it properly.

If he give ups he's rights, your husband has the right to then adopt your child and the child be given your husband's name. But I think in doing so, as of the adoption he no longer has to pay child support.

He can give up his "rights" anytime he wants, his right to visit, his right to decide things in the child's life. HE can not give up his OBLIGATIONS. Such as paying child support, providing health insurance and the such.

Now if you have a new husband, and they want to adopt the child, if he gives up his rights, the new husband can adopt an then the ex does not have to pay child support any longer..