Signing Over Parental Rights

by Wendy from Cape Coral, Florida, Lee County

Signing Over Parental Rights:
Does my ex husband have to pay child support if he signs over his rights. I don't care if he does.

I just want him out of our lives. Or can I get his rights taken away.

He is a horrible father and is always in contempt of the Judges orders.

Answer to Florida Court Forms Child Custody Question

Dear Wendy,

Florida courts are reluctant to terminate parental rights for either of those reasons. Even if your ex agreed to voluntarily terminate his parental rights, a court would be unlikely to allow it, unless a step-parent is planning to adopt the child -- (your new husband along with you).

There are many less than perfect parents, but courts have to act in the best interests of the child. The judges usual position, in promoting two parents as a matter of public policy, is that a less than perfect parent is better than no parent. And in the real world, children are expensive. Two parents' incomes can better support a child than one parent's income.

In order for an involuntary termination of parental rights -- there must be compelling reasons.

The following is a partial list of reasons that involuntary termination of parental rights might be granted from Florida Statutes 39:

• Abandonment or Extreme Parent Disinterest
  
  
• Abuse/Neglect
  
  
• Incarceration of Parent/Felony Conviction
  
  
• Sexual Abuse
  
  
• Child Judged in Need of Services/Dependent
  
  
  
  
• Extreme Alcohol or Drug use by Parent
  
  
• Felony assault of child or sibling
  
  
• Murder/Manslaughter of sibling child

You don't mention in what way your ex is in contempt of the judge's orders. There are steps you can take to enforce the orders that are in place.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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Our Self Help Guide, Modifying Custody & Visitation in Florida, helps you navigate the court process and procedures once you file your documents with easy to follow checklists, links to websites, important addresses & phone numbers, and much more. Modifying Custody & Visitation In Florida

See These Related Florida Child Custody Pages

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