Signing Over Parental Rights
by Wendy from Cape Coral, Florida, Lee County
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 Child Custody Question
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
- 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:
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