Legal Question in Family Law in Florida
If a father resignates his rights what will happen?
If a father resignates the rights of his child what would happen? Ie. would he still have to pay support? The father would be resignating the rights of a 1yr old child that he has not seen since the child was 1mo old - by the mother's choice. The mother refuses to allow him visitation even though he has tried several times, and has paid his support (about $520.00 monthly). If he resignates his rights would he still be required to pay the support? He feels he has lost too much time and since she (the mother) will not allow him to see the child he would rather give up rather than fight. That being the case what would happen????
1 Answer from Attorneys
Re: If a father resignates his rights what will happen?
It depends on what type of resignation you are speaking of. If the mother asks you to sign away your parental rights then you will likely not have to pay child support. Indeed you need to specify this in the agreement and ask the court to accept the termination of parental rights.
If, however, you simply want to resign from the child without termination of parental rights because the mother isn't permitting visitation, etc. then you MUST continue to pay child support. Visitation has nothing to do with child support obligations. If you desire visitation you must seek legal action to enforce your right to it (if you so desire).
If you have any questions please call my office at 301-652-0663 or 703-598-9220.
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