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What is the law in Florida regarding relinquishment of parental rights?

Casselberry, FL |

My husband has 2 children with his ex wife. She has not allowed him to have contact with them in 10 years. Everytime he has attempted to visit she has refused. He has been unable to locate her in 8 years. Recently he learned that she moved out of Florida with the kids. He wants to give up his parental rights now because it would hurt them more then help them to come back into their lives. He has not paid child support since losing his job 18 months ago. Do u think a judge would allow him to give up his rights?

Attorney Answers 2

Posted

No the judge can't allow hims to relinquish his rights under the facts you've presented. A parent not only has rights to their children but obligations. It is against public police in Florida to let someone out of their child support obligation. What he should do is immediately file a Motion to Modify is Child Support - even if he does it him self letting the Court know about this "MATERIAL CHANGE IN CIRCUMSTANCES" since the last support order was entered. This will allow the Court to give him some relief once the situation if brought before the Court.
The answer may change significantly if there is another man involved that wishes to adopt the children. Then your husband's rights are extinguished once the adoption happens.
Good Luck

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2 comments

Asker

Posted

I wish it were that easy... he is court ordered through department of revenue in Florida to pay child support. His ex was or is collecting welfare . We filed a motion with child support 2 years ago and were mailed a letter stating that no adjustment in child support was warranted ... all he wants is to either be a father to his children or to be out of their lives for good. Back years ago when he religiously paid his child support she still kept him from seeing his kids. Every time he called the police to enforce his visitation he was told it was a civil matter. The few times he was with the kids she called in a abuse allegation with DCF... that was unfounded. It has gone on too long and now that she is in Georgia she has every right to rob him blind and keep him away from the children.

Charles Michael Kelly

Charles Michael Kelly

Posted

He needs to file a motion for modification. Don't pay attention to the Department of Revenue. Hire a lawyer that will represent his interest

Posted

Agreed with previous answer. The only way he has his rights terminated is if there is an adoption.

As far as locating the children, where does the child support go? If he is supposed to pay the State of Florida, they should have an address fir the mother.

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1 comment

Asker

Posted

He has asked for help from child support and was told they are not at liberty to release her address to him for safety reasons. Back in 2008 the department of revenue issued a writ for my husband for $3000. We payed the writ and still were never given an address for her. We are just at a loss right now. He is a complete stranger to his children. I wonder if the laws in GA are different?

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