Legal Question in Family Law in Florida
Can I voluntarily terminate my parental rights?
I pay child support for a child I have never met b/c the child was not known to be mine until after I was married and I had no money to fight for visitation.
Now that I have begun to fight for custody, the child is six and I have learned that the mother and child have lived for the last four years as paramoure w/another man. My child refers to him as Dad. It was my desire to be a Dad to him, but I think I will do more harm than good.
I would like to termintate my rights and end my support payments since the child is well taken care of and in a better financial situation then my children in marriage.
I would like to make the offer to her w/contingency that the current Dad must adopt the child. I want the child to have all the legal protections he would have if he was with me full time. If the offer is rejected, would a judge still consider a TPR , but w/the continuation of child support b/c the child knows this man as his father and has never met me? Note..I have only missed four support payments since being ordered to pay. This child's new family, as it were, has much more money than I do and I fear that they could prolong any visitation/custody proceeding. I cannot spend endless amounts of money
1 Answer from Attorneys
Re: Can I voluntarily terminate my parental rights?
The only way for this to work is if the new man in her life agrees to adopt. However, there is more of a catch: the adoption will not go through unless she is married to this new guy.
A judge may consider a TPR and continue the child support, but why do this? Basically, that's what you have right now, unless the mother's trying to force you to visit the child.
This isn't legal advice, just human advice, but this is a pretty crappie thing to do. You're a father, so act like one. This is about your child, not just you. Your son may want to know who his biological father is. He may want to know where he came from. He may want to know about his roots. He may want to know what kind of man you are. Hopefully, you can show him better than this.
Get visitation, get to know your son. Be a dad.
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