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.
Family Law Attorney
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), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!
Divorce / Separation Lawyer
No, he can't. The only way his rights can be terminated is by a step-parent adoption.
Family Law Attorney
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 legal advice and services, nothing in this e-mail is intended to be nor should be construed as legal advice. CONFIDENTIALITY NOTICE: The information contained in this e-mail communication and any attached documentation is privileged, confidential, or otherwise protected from disclosure and is intended only for the use of the designated recipient(s). It is not intended for transmission to, or receipt by, any unauthorized person. The use, distribution, transmittal, or re-transmittal by an unintended recipient of this communication is strictly prohibited without our express approval in writing or by e-mail. If you are not the intended recipient of this e-mail, please delete it from your system without copying it and notify the above sender so that our e-mail address may be corrected. Receipt by anyone other than the intended recipient is not a waiver of any attorney-client or work-product privilege.
General Practice Lawyer
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.