Legal Question in Family Law in Florida
Voluntary Termination Parental Rights
I would like my my ex husband to terminate is parental rights. He is willing to do so. Is this possible without a pending adoption?
2 Answers from Attorneys
Re: Voluntary Termination Parental Rights
Almost always, you have to have a pending adoption. You can't leave a child fatherless. I have heard of a judge or two in very rural areas of the state violating this rule, though.
Re: Voluntary Termination Parental Rights
The short answer is - not likely.
If the court let any man voluntary terminate his parental rights, many men would do so to escape paying child support, etc. The gov. also likes to be able to hold someone accountable if you should need to go on welfare, for example.
Perhaps there is something you are trying to accomplish that can be done without terminating parental rights?
As you mentioned, if your ex consented to his parental rights being terminated pending a step-parent adoption - that would likely be legally sound.
Feel free to contact my office for a consult. Best wishes.