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JBaker79 · Mar 11, 2009, 10:59 PM

I live in Florida and have an 11 year old daughter that I pay 505 dollars a month for who lives in Virginia. I have no custody or visitation and have not seen her since she was 3. She calls her mothers new husband dad and really doesn't even know who I am. I am re-married with two other children and feel that it is best to terminate my rights, but her mom, my ex-wife likes the money each month so refuses to agree and sign the papers... What should I do? And what can I do legally?

logicalthinker · Mar 11, 2009, 11:05 PM

I'm not an expert, but there are a lot of posts with this question and from what I've seen you can't. Unless the step-dad is willing to adopt her. I'm sure someone with more experience on the matter will post too. You could also do a search on it and read some of the similar posts and see if that helps at all.

goodjuju29 · Mar 11, 2009, 11:37 PM

What should you do? You should meet your parental obligations no matter what the situation is. How often you see her or who she calls dad doesn't change the fact that she's your daughter. What can you do legally? Normally there has to be an adoptive parent, and an agreement to legally terminate parental rights. Even if this is the case you aren't automatically relieved of your child support obligation.

MicroMama · Mar 12, 2009, 10:04 AM

Talk to a lawyer.

ScottGem · Apr 26, 2009, 04:52 PM

Originally Posted by JBaker79

my ex-wife likes the money each month so refuses to agree and sign the papers... What should I do? And what can I do legally?

First, only a court can grant a Termination of Parental Rights (TPR). So, even if your ex-wife were to agree, its unlikely a court will affirm it.

Second, you ask what you should do and my answer is be a parent to your child. You don't say why you don't have visitation but if I were in your position I would fight to be a father to my child.

As to what you can do legally? You can try to get a modification of the support payments based on changed circumstances. You can try to get visitations rights. You can try and convince her new husband to adopt the child.

But no court is going to grant you a TPR to let you out of child support. So even if state law would allow you to terminate, you would still be responsible for support.

Fr_Chuck · Apr 26, 2009, 05:54 PM

First you only don't have visits with YOUR child because you have never went to court to get them, You could have and still could get them. But you merely have chosen not see your child.

And there is no way out of child support. The fact you don't visit is your issue and not related to the support.

And no there is no way to sign over your rights