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smileyface67us · May 19, 2008, 04:24 PM

My husband and I live in Texas and he is wanting to relinquish his parental rights for the children he has in Florida. He is obligated to pay child support and has never been able to have the children as ordered on his divorce decree. His ex-wife will not allow my husband to talk to the children by phone. She changes her numbers constantly and never calls to provide him with this information so that he can keep in touch with them. His youngest son doesn't even recognize him as his father. His ex-wife has brainwashed him to think her live in boyfriend is his father. She doesn't abide by the divorce decree where my husband is concerned but she does raise hell if the child support doesn't get to her in time. Is there a form he can file with the courts in Florida on his own to relinquish his parental rights. We're hoping that if he's able to do this, he can stop sending the child support as well. Is there anyone who can help us?

tawnynkids · May 19, 2008, 04:32 PM

I believe there are one or two states where it is possible to relinquish rights and the obligation to pay support. However, I am pretty sure Florida isn't one of them, but I have heard that it happens in Texas. The state that has jurisdiction over the case is where it would be decided. Even when it does happens it is very rare where adoption is not also occurring. The court will see it as if he can file to relinquish then he can file to enforce the support order. The court does NOT like to relinquish rights and does it usually only in rare, detrimentally serious cases. The only way to know for your specific case is to talk to a lawyer and find out. That's really the best route.

Fr_Chuck · May 19, 2008, 04:39 PM

You can file to have her held in contempt of court for not following the rules, you can require your visits.

But you already don't visit, and have no say in the children's life. That is your rights, in Florida if you give up your rights ( which you are not using) you still have to pay child support.

smileyface67us · May 19, 2008, 04:58 PM

Thank you both so much for responding to my question so quickly. We will seek advice from a local attorney and see what steps need to taken to file against her and hold her in contempt of court. Thank you.

Fr_Chuck · May 19, 2008, 05:01 PM

Yes, it will not be that easy, sorry if I made it sound so, it may take several trips back to court, you take her to court for refusing visits, the court orders her to allow them, you try, she refuses, you take her back to court. It took my one of my close family about 4 trips before they started to put a penalty on each missed visits.

tawnynkids · May 19, 2008, 05:13 PM

p.s. and I am sure a lawyer would tell you, but in case they don't... you have the right to ask for attorneys fees as well for having to file contempt. Especially if you win. The court does tend to give a lot of "chances" and it seems really pointless almost to file contempt when it seems they won't actually "nail" them with contempt. But when you can actually get the court to recognize the contempt the court has the right to order sanctions be imposed on the offending party and that can get real expensive for them real quick. And if it continually occurs it can even result in a reversal of custody. So, like Chuck says it can take a bit but don't give up.

All of this probably won't go over well with the kids if mom has really turned the kids against your husband. And reconnecting with the children won't be easy either. You may get a lot of resistance. Be patient, and I would suggest getting a great family counselor to help in the reconnection process for you guys and the kids.

Good luck!

jbunson · Jul 21, 2008, 03:58 PM

Why is the father in Tex and the kids in FL? Did he move or the ex-wife? I guess we need to know the circumstances surrounding why Dad isn't involved with the kids. In Florida you cannot give up rights to the children, precisely paying support unless the kids are adopted over. This is for sure. You have to pay no matter, no matter, no matter unless there is a party to take on responsibility, beit adoption.

ScottGem · Jul 21, 2008, 05:19 PM

There are literally hundreds of threads on this same subject. The bottomline is no court will grant a TPR just to get out of paying support. It matters not who moved away from whom, nor if or why he doesn't see the kids. A TPR is generally granted to clear the way for adoption or of the parent represents a danger to the child. Neither appears to be the case here.

What he needs to do is go to court to enforce the visitation agreement.