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Jonie · Mar 11, 2009, 03:55 PM

Is it true that in the state of Florida a father is not allowed to give up his parental rights?

stevetcg · Mar 11, 2009, 05:02 PM

Its true in the US that a father may not *willingly* give up his rights unless there is someone there to assume them (stepparent adoption)

*note that there are cases on record where he can give them up, but that does not change his obligation for support.

Jonie · Mar 11, 2009, 05:32 PM

Thank you.

I was happy with my ex decision to give up his rights because he really is not interested in being a dad to our son. I felt free until I was told he could not do that because of child support. He has not been good about support so not paying support would not be a loss to us. My son's welfare is more important than money and I would give up right to support if need be. He only causes unhappiness and being out of our lives would be a good thing for us.. . What kind of agreement can be worked out? If child support were off the table I know he would leave us alone and now the law won't let that happen.

ScottGem · Mar 11, 2009, 05:40 PM

What you really want is full legal and physical custody without visitation. If you can prove to a court that his failure to adhere to a visitation schedule is causing damage to your child you might be able to get that.

But Steve is correct. No state grants a TPR just because the parent or both parents want it. If you read the hundreds of threads on this issue in this forum, you will understand more about it.

Jonie · Mar 12, 2009, 11:41 AM

It isn't that he does not usually meet the visitation schedule, but more significantly his lack of care for his child when our son is with him. I have slowly been building a case and his request to give up his rights came out of the blue and seemed an answer to prayer so I feel very upset that this can't be done.. . But I thank you for your response.

Fr_Chuck · Mar 12, 2009, 11:53 AM

Actually giving up rights and child support have nothing at all to do with each other, they are totally separate issues.

And he does not have to use any rights what so ever, he can just walk away and never see the child, that is always his choice.

If you had a new husband who wanted to adopt, then he can sign over his rights if he wishes so the step parent may adopt.

And it is even hard to get rights taken away, if you prove he is a bad parent, even dangerous, he is still likely to get supervised visits and ordered to take parenting classes.

ScottGem · Mar 12, 2009, 01:49 PM

Originally Posted by Jonie

It isn't that he does not usually meet the visitation schedule, but more significantly his lack of care for his child when our son is with him.

Ok, so, like I said, you want to limit or eliminate his visitation. If you can prove that he doesn't provide sufficient care for the child during visitation you can ask that visitation be supervised or eliminated totally.