Non-Custodial parent in Florida is being asked to forfeit rights in exchange for child support termination. What are my options?

My son will be 7 next month and has lived with his mother exclusively since she and I split up when he was 1. Once our relationship ended she moved back to Missouri/Kansas with my son without my consent. She established residency there and filed for sole custody, which she was granted. I was unaware that any of this was taking place. Fast forward 5 years and I have only been able to see him a handful of times (maybe 2 or 3). She recently got married and is wanting me to forfeit my rights to him and she will terminate child support. I do pay child support however, there is some outrageous figure in arrears. I'm not sure if the support order should have been issued due to her leaving Florida with child under false pretenses and without my consent?

Saint Petersburg, FL -

Attorney Answers (4)

Betty Elaine Jones

Betty Elaine Jones

Family Law Attorney - Brandon, FL
Answered

Your options are to agree and allow her husband to adopt your child. At that point, all child support obligations cease. If you owe arrears, those will not be excused unless it is specifically stipulated to in the termination of rights agreement. You have to make the decision whether you want to do this or not. If you terminate your rights and allow her husband to adopt, it will sever the blood lines between you and your child. You will have no rights or obligations from the date of the termination forward. You should really speak to an attorney and have them review any paperwork you have received regarding this matter. Good luck.


Sincerely,
B. Elaine Jones, Esq.

Ophelia Genarina Bernal-Mora

Ophelia Genarina Bernal-Mora

Child Custody Lawyer - Orlando, FL
Answered

If you consent to terminate your parental rights so her new husband can adopt the child child support obligations will terminate as well. However, any arrears that are in place do not get terminated usually unless there is a stipulation regarding same.

If you do not want this to happen I would recommend getting in touch with a local attorney and discussing your options more at length.

You should consult an attorney for advice regarding your individual situation since every case is different and... more
William Charles Rosenfelt

William Charles Rosenfelt

Child Custody Lawyer - Longwood, FL
Answered

Just and excellent summary of the law in this regard by Ms. Jones. It's really up to you. Kind of makes it harder, doesn't it?! Do you have other chlidren? Will you?

Bill Rosenfelt 407-462-8787 (Orlando/Longwood/Central Florida)

Please be advised that any answers or information disseminated above do not constitute legal advice and that the... more
John Arthur Smitten

John Arthur Smitten

Family Law Attorney - Clearwater, FL
Answered

If you want to sign over your rights in exchange for zeroing out the arrears then you can do that as part of the deal. Make sure this is all reduced to writing.

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