Legal Question in Family Law in Florida
I'm due with my first child in September. The father and I are no longer together and he has recently made it clear that he has no intention of taking part in the child's life and is considering moving out of state. His job requires him to be on a cruise ship for 7 1/2 months starting soon, so he will not be here for the birth of the child. Ideally I would like for him to sign over his parental rights. I know that if he doesn't, he can insist on visitation rights whenever it's convenient and I won't have much leeway to challenge it, perhaps unless his name isn't on the birth certificate. Is it legal for me to leave his name off the birth certificate if he isn't present (not even in the country) for the child's birth, and if I choose to do this will I have a better stand against him claiming visitation at a later date if he changes his mind?
1 Answer from Attorneys
Hi. Whether or not his name is on the birth certificate will not affect his later ability to claim visitation rights. Generally, terminating his parental rights would be the only way to insure he would not have any future visitation or other rights to the child.