Voluntarily Terminating Parental Rights in Florida

by Ashley from Maryland

Voluntarily Terminating Parental Rights in Florida: My fiance signed away his parental rights at the request of his ex wife. He pays child support monthly and on time. I read on here that Florida does not terminate child parental rights unless an adoption is occuring or the other parent is unfit. Neither is the case with my fiance.



My question is how legal is this termination and what documents should he have stating the termination of parental rights? My fiance is a hard working good man. He has never been in serious trouble. He pays child support monthly and on time. He has made arrangements to pay arrears in child support. He was asked by his ex wife to sign over parental rights to their child. He did so with no contest.

It is my understanding that Florida family court does not terminate parental rights with out just cause. It is my understanding that volunteering to terminate rights is not necessarily going to grant you termination of child support is that true?

Answer to Florida Court Forms Question

Dear Ashley,

You are correct. In general, in Florida, parents cannot voluntarily terminate parental rights unless there is a pending adoption.

A parent can request that the court grant sole custody, but Florida courts have a strong bias toward shared parental responsibility.

It may be that he has every right to visit his child, and has simply been duped by his ex wife.

My suggestion is that, if he wants to see his child, he petition the court for visitation. He may as well, since he is paying support.

Terminating a child support obligation is nearly impossible, unless the child is adopted by someone.

For example, if his ex wife remarries, and her new husband wants to adopt the child; and your husband consents, then he can voluntarily terminate parental rights. And, in that case, his child support obligation would end.

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