Legal Question in Family Law in Florida
If you give up parental rights, can the costodial parent say no....and if so, how do I defend my argument to give up my rights? Costodial parent has not let me see our child in two years and has changed phone number and unknown address. I am currently paying child support.
2 Answers from Attorneys
The custodial parent can certainly object, but there are many other factors (especially the best interests of the child) that will also play a role in the determination as to whether you can disestablish your rights.
In part, you may need to exhibit that your relationship with the child or the present circumstances are a detriment to the child.
This is NOT LEGAL ADVICE. It is intended for informational purposes only and should not be relied on to make any legal or medical or other major decisions. If you have any specific questions or inquiries regarding any of this information, you should consult with an attorney licensed in your state.
Cary Levinson, Esq.
Levinson & Capuano, LLC
(954) 703-2110
BrowardLegal.com
Based on the situation described in your inquiry, the meaning of "parental rights" is not clear. Relinquishing parental rights does not terminate child support obligations. You are liable for child support until the specific court order granting child support is terminated or amended. You may object, even filing a motion for enforcement/contempt, for the refusal of the custodial parent to cooperate with you as the other parent, but you cannot use such lack of cooperation as a basis for terminating child support. Advice: discuss the issues with a legal aid worker, family law agency, or family attorney to consider specific options.
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