Legal Question in Family Law in Florida

Voluntary Termination of Parental Rights- Father

My son's father lives in Indiana, I now live in Florida. He wants to terminate his parental rights to my son. How can I do this? Is this something that I can do on my own? Would the courts allow it if my son isn't going to be adopted (i'm single) ?


Asked on 9/20/07, 11:38 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Voluntary Termination of Parental Rights- Father

a court order is required.

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Answered on 9/20/07, 12:44 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Voluntary Termination of Parental Rights- Father

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You would need to file a Petition for Termination of Parental Rights. You will probably have to hire an attorney to prepare and file the pleadings. If you do this, the father will no longer have any rights to the child, but will also no longer have any financial responsibility to pay child support or contribute to the child's medical needs. This is a serious consideration which must be given much thought before taking any action.

Scott R. Jay, Esq.

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Answered on 9/24/07, 12:23 am

Re: Voluntary Termination of Parental Rights- Father

He could file a voluntary surrender of his parental rights, but to what end?

At this point, it would be meaningless without some court intervention. You don't say how old the child is?

If you are contemplating marriage and you think your husband would want to adopt, there is a process for that in family court.

When the time comes, I recommend you hire an attorney for it.

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Answered on 9/20/07, 1:07 pm


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