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    hstahlin's Avatar
    hstahlin Posts: 5, Reputation: 1
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    #1

    Jul 3, 2008, 11:07 AM
    Terminating a fathers rights
    Is there a place online where I can get the info I need to file with the clerk of courts here in Florida to get the process started of having my sons fathers rights terminated? I have sole custody of my son, his father did not even show to court then (well over a year ago). So it was an uncontested case pretty open & shut and easy money for my lawyer, who wants more than I can afford as a retainer for this case. Am I even able to file and not have a lawyer to represent me? Is there any risk of me trying to go it alone?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Jul 3, 2008, 11:14 AM
    What do you hope to gain by terminating his rights?

    There are guidelines for being able to terminate rights.
    hstahlin's Avatar
    hstahlin Posts: 5, Reputation: 1
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    #3

    Jul 3, 2008, 11:21 AM
    My husband wants to adopt him.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jul 3, 2008, 11:26 AM
    Quote Originally Posted by hstahlin
    My husband wants to adopt him.

    The father would have to consent to the adoption -
    hstahlin's Avatar
    hstahlin Posts: 5, Reputation: 1
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    #5

    Jul 3, 2008, 12:21 PM
    I cannot find him, neither can the DOR for child support payments
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #6

    Jul 3, 2008, 12:25 PM
    You would have to file abandonment and then take it from there.
    I am not sure how long a father has to be unable to locate before you are able to do that.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Jul 3, 2008, 12:29 PM
    Quote Originally Posted by hstahlin
    I cannot find him, neither can the DOR for child support payments


    Then you can do it by publication -

    First, this is Florida law: Circumstances That Are Grounds for Termination - Abandonment or Extreme Parental Disinterest; Abuse/Neglect; Felony Conviction/Incarceration; Failure of Reasonable Efforts; Abuse/Neglect or Loss of Rights of Another Child; Sexual Abuse; Child Judged in Need of Services/Dependent; Child's Best Interest; Child in care 15 of 22 months (or less); Felony assault of child or sibling; Murder/Manslaughter of sibling child

    Circumstances That Are Not Grounds for Termination: Mental Illness or Deficiency; Alcohol or Drug Induced Incapacity; Failure to Maintain Contact; Failure to Provide Support; Failure to Establish Paternity

    If you have grounds to terminate the parental rights you would have to consult with an Attorney in arrange service by publication. Unfortunately, having a husband who wants to adopt the child does not mean the father's rights can be terminated when there is no legal reason to terminate.

    In some States - and I can't find it in Florida law - your husband can begin the adoption proceeding and also serve your ex by publication. It's less a termination of parental rights and more an adoption. You would absolutely need an Attorney to advise you and represent you.
    hstahlin's Avatar
    hstahlin Posts: 5, Reputation: 1
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    #8

    Jul 3, 2008, 12:32 PM
    Is there a website that I can go to to download and print the paperwork to file?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    Jul 3, 2008, 12:39 PM
    Quote Originally Posted by hstahlin
    Is there a website that I can go to to download and print the paperwork to file?

    Contact the local family court - but keep in mind you can't file if you don't have an address for him.
    hstahlin's Avatar
    hstahlin Posts: 5, Reputation: 1
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    #10

    Jul 7, 2008, 12:02 PM
    Quote Originally Posted by JudyKayTee
    Then you can do it by publication -

    First, this is Florida law: Circumstances That Are Grounds for Termination - Abandonment or Extreme Parental Disinterest; Abuse/Neglect; Felony Conviction/Incarceration; Failure of Reasonable Efforts; Abuse/Neglect or Loss of Rights of Another Child; Sexual Abuse; Child Judged in Need of Services/Dependent; Child's Best Interest; Child in care 15 of 22 months (or less); Felony assault of child or sibling; Murder/Manslaughter of sibling child

    Circumstances That Are Not Grounds for Termination: Mental Illness or Deficiency; Alcohol or Drug Induced Incapacity; Failure to Maintain Contact; Failure to Provide Support; Failure to Establish Paternity

    If you have grounds to terminate the parental rights you would have to consult with an Attorney in arrange service by publication. Unfortunately, having a husband who wants to adopt the child does not mean the father's rights can be terminated when there is no legal reason to terminate.

    In some States - and I can't find it in Florida law - your husband can begin the adoption proceeding and also serve your ex by publication. It's less a termination of parental rights and more an adoption. You would absolutely need an Attorney to advise you and represent you.
    Thanks for the info, I talked again to my lawyer today who handled the custody case for me and he said the longer he goes with no contact the better for my case, unfortunately we don't have the 4,500 for the retainer he needs to start it so I think we are just going to wait. He also told me that it is a complicated paperwork process and that we should not try to do it with out a lawyer.
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #11

    Jul 7, 2008, 03:43 PM
    You might want to look for another lawyer that you can afford then because (while I'm positive in FL) all adoption cases I know of require a lawyer to do the paperwork. That's not to say that you can't get it started but it won't be finalized until there is a lawyer on it.
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