Parent Termination - Florida

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ThreeFatSamurai

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My baby's father and I have agreed that it would be best for our daughter if he signed over his rights.

When I was pregnant he said I was lying about it the whole pregnancy, when I had her, he told me and his mother that our baby girl was black (Which, of course, she isn't, she's just as white as he is.) I opted to get child support and a DNA test was done. We got the results back when she about six months old. He of course saw her every other weekend up until late August because his newest girlfriend was pregnant and too tired to have the baby over there. The times he did see her, he smoked pot around my child and did prescription pills.

His girlfriend had her baby early September and slowly he stopped seeing my little girl all together. The last time he saw her, my pink Nintendo DS Lite was in her diaper bag, let's just say, I never saw it again. That was the last time he saw her and it's been seven months since then. He had stopped paying child support as well. He called a few times since then to make plans to see her but come the day of, he made up some lame excuse was to why he had to cancel on her. He didn't even call or offer to see her on her first birthday; to be honest, I don't think he even knows when her birthday is.

I called him about a month and a half ago and asked him if he wanted to sign over his rights because I want to take a trip to see my family in Korea and I want to take Lily to meet them not this up coming Christmas, but the Christmas after. He had told me before when he had called and picked a fight with me that if I wanted to take her out of the country, he would not allow it and would not sign her passport. To me, that's unfair of him to try and keep her family on my side from seeing her when I let his family see her from two months+ (Which he wasn't around to see her then either.)

Well, he told me he would think about it. He consulted numerous friends of ours and his asking their opinions. They ultimately told him what I had said on the phone when I asked which was "You don't see her, you don't pay child support, and you don't at least call to let her hear your voice. There isn't any point for you to have any rights if you're not going to do anything with them. Besides, you have your new wife and new baby to look after, it's very obvious that Lily is not one of your priorities." He accepted it and called me back two weeks later saying he would like to do it, just tell him when and where.

Now, we were supposed to go to the court house and get the paperwork this Wednesday, but he, of course, flaked out without even calling until much later that night when the court house was closed. We made plans to car pool up there next Tuesday.

With all of this said, I want to know if the judge would pass this if it was for the best interest of the child? AND someone told me that he will still have to pay child support after he signs over his rights unless the other parent agrees for the support payments to stop, is this true?

I'm not trying to sound like a wench or anything, I'm just trying to look out for my child and her future. When she gets older and she wants to know about him, I will tell her, of course she will never know of all the horrible things he has said or done. If she wants to find him and establish some kind of relationship, that will be fine too, I'm at no liberty to stop her. However, he's not making any attempt to be in her life and if that's going to be the case, with her growing up I don't want her to feel unwanted, unloved, or unnoticed by the other parental party, you know what I mean? I had something similar to that growing up and it was mentally scarring. I never want that for my baby girl.
 
If dad's parental rights are terminated he will not be required to pay child support, although the arrears won't be wiped.

Please speak with a local attorney; although Florida does not require that you are married with a step-parent willing to adopt in order to go ahead with a TPR, it's not a very straightforward process and you'll have to show the court that it's in your daughter's best interest.
 
Most of what you have posted is totally irrelevant as he is still required to support the baby. It is not in the childs best interest to leave her without a legal father. Most courts will not allow this without an adoption. If he does not want to see the child that is fine but he still must support the child if you want it, or if you go on any state assistance. There is no need or reason to terminate his rights. Wait until you are remarried to do that.
 
I would think that if the other parent is out of work and is using his new wife's money to support his habit that they would allow to at least give me primary custody of the child. I think a simple drug test him and I would have to be done if I were to bring something like up in court, correct?

I was only wondering these things seeing how my neighbor's ex filed to forfeit his rights to their daughter without her even knowing. The only reason she found out is because the support payment didn't go through. When I talked to her about it she said that Jay and I can get this started, but, he will have 90 days to actually decide if this is what he really and truly wants.
 
I would think that if the other parent is out of work and is using his new wife's money to support his habit that they would allow to at least give me primary custody of the child. I think a simple drug test him and I would have to be done if I were to bring something like up in court, correct?

You already have primary custody...

Now, what have you done about him smoking pot around your child? Did you report it? What happened?

(big clue here: if you did nothing, you can't use it against him now. You will need CURRENT proof that he's not only smoking regularly but that it's actually harming your child). Also, even if you can prove that it's generally nowhere near enough to have his rights terminated involuntarily.

Seriously - pot isn't a big deal in family court these days.

I was only wondering these things seeing how my neighbor's ex filed to forfeit his rights to their daughter without her even knowing. The only reason she found out is because the support payment didn't go through. When I talked to her about it she said that Jay and I can get this started, but, he will have 90 days to actually decide if this is what he really and truly wants.


Sorry, I think your friend's situation must be quite different; there is no way Dad can voluntarily terminate his parental rights without Mom being at the very least notified.
 
She was notified via mail about a week after he signed the papers. When she talked to him on the phone about it, he had told her it was because he didn't want to pay child support anymore.
 
You already have primary custody...

Now, what have you done about him smoking pot around your child? Did you report it? What happened?

(big clue here: if you did nothing, you can't use it against him now. You will need CURRENT proof that he's not only smoking regularly but that it's actually harming your child). Also, even if you can prove that it's generally nowhere near enough to have his rights terminated involuntarily.

Seriously - pot isn't a big deal in family court these days.

I didn't do anything, but when he openly admitted snorting Kolonapin(?) and oxycottons(?) with my child in his care. I stopped letting her see him unless it was at his mothers house.
 
Most of what you have posted is totally irrelevant as he is still required to support the baby. It is not in the childs best interest to leave her without a legal father. Most courts will not allow this without an adoption. If he does not want to see the child that is fine but he still must support the child if you want it, or if you go on any state assistance. There is no need or reason to terminate his rights. Wait until you are remarried to do that.

He is NOT paying child support. When we were going to get it finalized he gave me a sob story about him and his new girlfriend (now his wife) were not going to be able to live and support the new baby if it was court ordered for him to pay me child support. So we agreed that he would pay me at least 80 dollars every two weeks. That quickly came to an end.
 
She was notified via mail about a week after he signed the papers. When she talked to him on the phone about it, he had told her it was because he didn't want to pay child support anymore.


Seriously, your friend's situation is NOT the same as yours.

You need to understand that, hon.
 
Ok but dna has established him as Father. He cannot terminate his rights unless there is a step parent willing to adopt. Courts do not like leaving children with only one parent
 
Dad can not "sign over his rights" and stop paying child support. A judge will not accept that. A child needs two parents to support them. No judge will let you sign over rights to get out of support, and no judge will let you keep getting support when he has no rights.
 
Yes, they are. They feel it's better for the child involved. Besides I'm getting married to the military next Thursday, I don't see why they wouldn't let him sign over his rights.
 
Because that's the law.

Wait until you've been married a year, then all three of you can gladly go down and file to terminate Dad's rights (voluntarily) as part of a step-parent adoption.
 
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