Disqualifying Father as Guardian

[momjd]

I am a newly admitted Florida attorney. A friend has come to me to draft a will making her sister the guardian of her 3 year old daughter. The baby's father (to whom my friend was never married) has not seen the child since she was 3 weeks old, nor has he paid any child support although ordered to do so. My friend has also had numerous restraining orders filed against father. She is afraid that if she dies, the father will reenter the picture to solely gain control of my friend's life insurance proceeds which is to benefit the baby. Is there a procedure in Florida to terminate father's parental rights now so he doesn't claim an interest in the child in the event the mother dies? Any guidance would be greatly appreciated.

 

[Michael Wechsler]

I am a newly admitted Florida attorney. A friend has come to me to draft a will making her sister the guardian of her 3 year old daughter. The baby's father (to whom my friend was never married) has not seen the child since she was 3 weeks old, nor has he paid any child support although ordered to do so. My friend has also had numerous restraining orders filed against father. She is afraid that if she dies, the father will reenter the picture to solely gain control of my friend's life insurance proceeds which is to benefit the baby. Is there a procedure in Florida to terminate father's parental rights now so he doesn't claim an interest in the child in the event the mother dies? Any guidance would be greatly appreciated.

This is more of a family law question and you should speak to an attorney in that area. You probably want to discuss "abandonment" whereby in certain circumstances such as the ones you mention, you can petition the court to terminate parental rights.

 

[Duranie]

First of all. You really cannot "will" a child. In cases where a parent dies, the other parent generally gets custody which should be the case especially if both parents are active. With the case of an absent parent, it might be different.

She should be seeing either an attorney that specializes in will and probate, or family law.

Also, the courts generally will not terminate the rights of the father if she is not remarried. Generally there needs to be a subsequent step-parent adoption.

She is certainly free to voice her preference in the will but the court does not have to follow it.