termination of rights?

[ramenjenn]

how do i go about this? termination of fathers rights... he is on the birth certificate but doesnt come around anymore

 

[irish223]

how do i go about this? termination of fathers rights... he is on the birth certificate but doesnt come around anymore

Oh, I saw your other post first. Well, unless the father agrees and there is a stepfather to adopt the child, you can't just terminate his rights. Actually, there are other possibilities, but they all require some form of abuse inflicted upon the child.

 

[ramenjenn]

i have no clue as to weather he would agree to it due to the fact that he wants no contact with us.
hteres no way in florida without step parent adoption? what about abandonment?

 

[irish223]

Nope. Florida will not terminate only one parent's rights unless there will be an adoption or unless the one parent has seriously abused the child. Abandonment is only considered when the state considers taking custody of the child.

 

[ramenjenn]

what about removing him from the birth certificate?
and changing his last name?
how do i deal with issues that require both our signature like passports?
he WILL NOT cooperate or even speak with me enough to handle small situations like this

 

[irish223]

He would have to file to disestablish paternity in order to have his name removed from the birth certificate. If he won't sign papers, you'll have to go to court.

 

[Proserpina]

..and he cannot disestablish paternity himself WITHOUT someone else willing to take over.

Ramen, you've been told this umpteen times on THREE different forums now. The answers aren't going to change.

Everyone:

This young lady also indicated that she'd spoken to a Florida family law attorney earlier this evening (on a Sunday, no less) who informed her that everyone else was wrong and that she COULD have Dad's rights terminated.

Apparently not

 

[irish223]

Ah, one of those....

 

[irish223]

Since she's already spoken to an attorney, maybe she ought to take this with her when she meets with him:

http://www.leg.state.fl.us/Statutes...ng=&URL=0000-0099/0039/Sections/0039.811.html

(6) The parental rights of one parent may be severed without severing the parental rights of the other parent only under the following circumstances:
(a) If the child has only one surviving parent;
(b) If the identity of a prospective parent has been established as unknown after sworn testimony;
(c) If the parent whose rights are being terminated became a parent through a single-parent adoption;
(d) If the protection of the child demands termination of the rights of a single parent; or
(e) If the parent whose rights are being terminated meets any of the criteria specified in s. 39.806(1)(d) and (f)-(l).

http://www.leg.state.fl.us/Statutes...ng=&URL=0000-0099/0039/Sections/0039.806.html

39.806 Grounds for termination of parental rights.—
(1) Grounds for the termination of parental rights may be established under any of the following circumstances:
(a) (not applicable)
(b) Abandonment (not applicable)
(c) (not applicable)
(d) When the parent of a child is incarcerated in a state or federal correctional institution and either:
(e) (not applicable
(f) The parent or parents engaged in egregious conduct or had the opportunity and capability to prevent and knowingly failed to prevent egregious conduct that threatens the life, safety, or physical, mental, or emotional health of the child or the child's sibling.
(g) The parent or parents have subjected the child or another child to aggravated child abuse as defined in s. 827.03, sexual battery or sexual abuse as defined in s. 39.01, or chronic abuse.
(h) The parent or parents have committed the murder, manslaughter, aiding or abetting the murder, or conspiracy or solicitation to murder the other parent or another child, or a felony battery that resulted in serious bodily injury to the child or to another child.
(i) The parental rights of the parent to a sibling of the child have been terminated involuntarily.
(j) The parent or parents have a history of extensive, abusive, and chronic use of alcohol or a controlled substance which renders them incapable of caring for the child, and have refused or failed to complete available treatment for such use during the 3-year period immediately preceding the filing of the petition for termination of parental rights.
(k) A test administered at birth that indicated that the child's blood, urine, or meconium contained any amount of alcohol or a controlled substance or metabolites of such substances, the presence of which was not the result of medical treatment administered to the mother or the newborn infant, and the biological mother of the child is the biological mother of at least one other child who was adjudicated dependent after a finding of harm to the child's health or welfare due to exposure to a controlled substance or alcohol as defined in s. 39.01(32)(g), after which the biological mother had the opportunity to participate in substance abuse treatment.
(l) On three or more occasions the child or another child of the parent or parents has been placed in out-of-home care pursuant to this chapter, and the conditions that led to the child's out-of-home placement were caused by the parent or parents.