Can the father of my kids sign his parental rights over to avold child surport?

Asked over 3 years ago - West Palm Beach, FL

the father of my kids said that he will sign his rights over so he can avold paying child surport. i just find it hard that i parent would want to do that. ive been doing both rolls anyways so it dont matter to me. i just dont want to get into any more argument with this man. so if its possible please help.

Attorney answers (4)

  1. 1

    Lawyer agrees

    Answered . Generally, no. This is because in order to no longer be responsible for child support, the father would have to either have to have a disestablishment of paternity proceeding (which would require that he be proven not to be the biological father), through a termination of parental rights action pursuant to chapter 39 of the Florida Statutes, or your children would have to be adopted by a stepparent, which would terminate the biological father's status as "legal father." Absent any of these proceedings, the father cannot merely "sign his rights over."

    You can, however, stipulate to having sole parental responsibility predicated on the fact that it would detriment the children for you and the father to have shared parental responsibility. You can also stipulate to a downward modification of the father's child support obligation to a point where it's nominal or zero, so long as there is a specific finding (by the Court) that it is in the best interests of the children to deviate from the father's statutory obligation. This type of agreement might satisfy both of your desires, so long as a Court finds that it is enforceable and complies with all statutory criteria, making specific findings where necessary.

    LEGAL ADVICE: Unless you have retained this law firm and we are currently engaged by you and providing you with... more
  2. 1

    Lawyer agrees

    Answered . I agree with Attorney Hopkins and would add that it may be difficult to have the child support reduced if the case was initiated by the State Attorney's Office or Department of Revenue because they would retain an interest in the case for the purposes of child support and would likely oppose any attempt to lower the child support without good cause (i.e.not just because the father doesn't want to pay or because its to bothersome for you to continue to enforce the child support order). Child support is the right of the child not the parent and the Courts are very reluctant to interfere with that right because of disputes of the adults.

  3. Answered . With the consent of both parents, I've seen it happen. But generally no, a parent can't sign over parental rights unless another parent--usually a step-parent--is willing to immediately adopt the child in place of the biological parent.

    The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy),... more
  4. Answered . No, he can't. The only way his rights can be terminated is by a step-parent adoption.

Related Topics

Mother's rights in child custody

Mother's rights covers the parental rights of the mother. These rights primarily relate to child custody, visitation, and child support.

Parental rights in child custody

Parental rights includes the rights a parent has in regards to his or her children. Mothers, fathers, and unmarried parents are sometimes treated differently.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

33,127 answers this week

3,686 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

33,127 answers this week

3,686 attorneys answering