Legal Question in Family Law in Florida
giving up custodial rights
I currently have sole custody with visitation at my sole discretion in VA, I am in Fl now to provide my special needs child with medical care she couldn't recieve in VA, however I have not officially become a FL resident. The non custodial parent has threatened to petition for custody repeatadly... yet he refuses to aknowledge her needs or to make an effort to establish visitation to learn of her needs. I want to have him sign over his custodial rights however I need to know how to go about this and what state I would need to file in. Also if someone has to take over his parental rights and if so is my step father allowed to do so? Would my stepfather have to be his ''father'' or guardian? I want to keep all my rights still which my step father will do just remove my daughter's father from this situation!
2 Answers from Attorneys
Re: giving up custodial rights
Usually your case is based in the state where the child has lived for the last six months, which sounds like Virginia. Florida sounds like it's only a temporary residence. You should talk to a Virginia lawyer.
Re: giving up custodial rights
Hello: I'll add another response...The other response is correct, however, if you plan on living here, Fla., and 6 mos. has gone by, there are certain procedures you must follow (getting certified copies of your Final Judgment) to establish a Florida case.
Under Fla. law, you cannot force someone to terminate his/her parental rights. If your ex wants to do that, he can. Also, the child's step father could adopt the child if he desires.
'Hope this helps. If my office can be of any assistance, please give us a call. Tom Rosenblum
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
