How to strip father of his rights?

Rylee - posted on 12/31/2014 ( 16 moms have responded )

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My son was born in April 2013 and has only seen his "father" a handful of times. He is now currently incarcerated in a FL prison for another year and "DCF" has contacted me to find my sons father since he was never on the birth certificate and I get government assistance. I followed threw with "finding the father" and DNA is in the process of being established so DCF can establish paternity and child support. So once that goes threw I want to know the process I have to go threw in order for me to strip his parental rights of our son. My reasoning behind wanting to do so it for multiple reasons including my childs safety and well being. If his charges will help me in the process of terminating rights they are the following (not including traffic)- Robbery no gun/deadly weapon(2nd degree fel.), Willful flee/elude of LEO(3rd degree fel.), 2 way communication device-commit felony (3rd degree fel.), Battery-General(1st degree mis.) and disorderly conduct(unknown) reminder these are all the ones i know of, there may be more. I was never for doing this or thought it was right to take a son/daughter away from a parent. However my case has changed my mind and for my childs well being and safety I do not want my child near or around this dangerous and childish man. He is in no state to watch a child or care for one even when he is released from prison.

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Jodi - posted on 01/06/2015

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So if you don't need his money, why are you on government assistance? Generally, what would happen, is that the child support will replace a proportion of that government assistance (or pay back the government assistance, depending on where you come from), not be in addition to it. The whole point of child support is so the government is not having to give you so much money, which is why they require it be collected.

Ledia - posted on 01/06/2015

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I think you misunderstood what I meant....sorry, I know it was long and mixed up. It doesn't matter if you WANT child support or not, if you are on government assistance in FL you are required to attempt to collect child support from the father (whether you want to or not). This is because it isn't fair for the government to be paying the father's portion (unless the father is dead or cannot pay). Thus, until you can get off government assistance, your baby's father will not be allowed to relinquish his rights through the courts because there would be no legal avenue to attempt to collect child support. In other words, if you want the government assistance, you have to seek child support as well.

Once government assistance is taken out of the equation, there is a very good possibility of finding a judge who will approve the relinquishment of rights, as long as the father does not object. (Also, I don't know what lawyer you spoke to, but a robbery charge has NEVER been sufficient evidence for removing parental rights in the state of FL or any other US state that I know of).

Raye - posted on 01/06/2015

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I don't think there's anything you can do unless you have proof of abuse to the child. The court will want the father to pay support to lessen the burden of gov't assistance that is provided to you. Of course, that doesn't mean he will pay. And if you seem reasonable about allowing him some visitation, he probably won't fight you too much, and probably won't come around much anyway. Typically they only fight when there is strong resistance, because they want to get back at the parent, not because they actually want to see the child. And your resistance means he gets under your skin, which is what he wants.

In any event, once the DNA test confirms paternity, petition the court to award you full custody and set up an agreement on visitation rights for the father once he's released. Ask the court to award him supervised visits only (at least temporarily), and short duration (a few hours at a time) until the child gets to know his father and the father shows responsibility in handling a small child.

♫ Shawnn ♪♫♫ - posted on 01/06/2015

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He shouldn't, if all you are alleging is his personal lifestyle choices as being a 'danger'. No, he shouldn't be consuming marijuana in front of a child, but nothing else indicates that he's a danger to the child, or that he is incapable of caring for a child.

Rylee - posted on 01/06/2015

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Yes, Unless my husband adopts my son if the paternal father gives up rights... which i know he wont.

Rylee - posted on 01/06/2015

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This was over a year ago, The only proof i had that wasnt even good proof was lost on one of my phones. and it was his telling me he cant watch my son because he was busy which later posted a picture of a completely naked girl next to him on facebook that night.

Rylee - posted on 01/06/2015

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OKay thank you. I will speak to more lawyers.. money isnt the issue and im not looking to receive child support however if they give me it then i suppose thats just going to be more toys, clothes, and food for my son but i dont need it my main concern is my childs saftey and wellbeing. I dont have proof but last time he saw his father I picked him up and him and his "friends" were passing my kid around as they took turns smoking weed from a blunt. (which i dont find weed bad, but NOT around MY kid!!!)

Jodi - posted on 01/05/2015

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Alison, with regard to the child support, you may not get a choice in that. There are places that will not allow the child support to stop even if a father has no rights, because it isn't FAIR that a father can bring a child into this world and then not pay, expecting the government to foot the bill. You are claiming government assistance. You may be required to continue to collect child support, regardless.

♫ Shawnn ♪♫♫ - posted on 01/05/2015

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Get an attorney.

None of what you've listed is enough, IMO, to arbitrarily strip rights. There has to be danger to the child.

Ev - posted on 01/05/2015

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I have to agree that unless this man is proven a danger to the child then the courts may allow him visitation anyhow. By taking this to court, your wants or wishes are null and void. The judge decides this. IN some cases though, if a parent loses their rights where the child is concerned because of crimes or other reasons, they still sometimes have to pay support. Understand that child support and visitation/rights are all separate issues. You need to talk to more than one lawyer about this and make sure that the ones you seek out are practicing family law.

~♥Little Miss - posted on 01/05/2015

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Seeking a lawyers advice is great, but now you have to actually HIGHER a lawyer. Pay them to do this. If you don't, you could get screwed doing it on your own.

Rylee - posted on 01/05/2015

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I dont want my cake and eat it too. I dnt want or expect to ever recieve money from that man. I want nothing to do with him and i want him to have nothing to do with my child. I did speak to one lawyer and said it was possible since he has thats robbery charge... i live in the state of FL... he also said that i could possibly file all the nessicary paper work myself at the court house if i know what im doing... which i dont.

Jodi - posted on 12/31/2014

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I highly doubt these charges will be reason enough to remove his rights as a father. By all means, you could consult a lawyer, but it is more than likely he will be able to successfully argue he has never harmed the child, and none of those charges indicate he will harm the child. You could push for supervised visitation once he is out of jail. Or you could ask him to sign away his rights, but this is no guarantee that he will not have to continue paying child support.

Guest - posted on 12/31/2014

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If you are in the US, none of the convictions you listed will be sufficient reason in the eyes of the law/court to strip him of his rights. Unfortunately, he is the biological father of the children, so he has an innate right to contact with them--if he chooses to exercise that right, there really isn't anything legal you can do to keep him out of his child's life.

Now, if he does not want to be a part of the child's life, you can ask him to sign away his rights to the child. This means he would legally forfeit all of his parental rights, including access to the child, to you. It has to be approved by the court, and if you are receiving government assistance, it will likely not be approved until you are off of government assistance and supporting yourself. This is because when he forfeits those rights, he is no longer obligated to pay any form of child support to you for the child--it is just like he doesn't exist at all to the child--and ALL responsibility for the child falls to you, sort of like an adoptive parent, so you have to prove that you are capable of supporting the child on your own without the father's assistance. The state does not like to approve forfeiture of parental rights in situations where the parent keeping their rights needs financial support because it leaves the state paying what the father should be paying and the dad not paying any of it.

If he has any convictions for murder along with a pretty lengthy history of violence or assault crimes, especially if there are any violent crimes against children, you MIGHT be able to get a judge to approve a forfeiture of parental rights while you are still on government assistance, as long as the father does not object to losing his rights.

Unfortunately, it is illegal for anyone (including government agencies) to strip a parent of their parental rights unless the parent actually causes serious harm to the child or puts the child in a very dangerous situation that proves they are unfit to parent.

Mommabird - posted on 12/31/2014

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Im not completely aware of the specifics on what happens when you take a parents rights away but I would think that would relieve him of his right to have to pay child support. Legally, Im not sure....but morally It seems a bit un called for to expect someone to pay child support after taking away all rights as a parent. Kind of like you wanting to "have your cake and eat it too". But if you need advice on how to do it and all the specifics I suggest talking to a lawyer.

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