My husband and I are getting divorced and he wants to relinquish his parental rights. How can we do this?
The state of Florida does not terminate parental rights lightly. Typically, it will only do so if the child is committed to the care of a state agency and put up for adoption. The court will not allow a father to simply give up their parental rights without good reason if the child is to remain with the mother or family. The laws concerning termination of parental rights are contained in Chapter 39 of the Florida Statutes.
Florida Statutes Section 39.811(6) lists several reasons a father can lose his parental rights. These are the following:
- if protection of the child demands the termination of the father’s rights
- if the father is incarcerated for violent crimes or expected to be incarcerated through the child’s 18th birthday
- if the father has abused the child or another child
- if the father has been convicted of a violent crime against the other parent, the child or another child of the other parent
Under Florida Statutes Section 39.806(1)(a), a father can voluntarily surrender parental rights by executing a document to that effect before two witnesses and a notary public. The document should give consent to a court order terminating parental rights in the father. If the child is to remain with the mother, however, the surrender will not take effect until a state court finds a reason as listed in Florida Statutes Section 39.811 why the father should lose parental rights.
For divorce assistance, contact the Divorce Attorney Tampa for your Free Consultation at (813) 336-3616.
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