Termination of rights and child support ???

[Valricogirl]

What is the name of your state? Florida

I am considering filing a petition to have my ex's parental rights to my son terminated. I feel that he is a horrible father and don't want him around my child. He does pay child support as ordered in our divorce.

If I win the petition and have his rights terminated, will he still be required to pay child support?? I do NOT have anyone lined up to adopt my son, and I collect some public assistance.

 

[tigger22472]

Under the circumstances you discribed there's no chance that your ex's rights will be terminated.

 

[Valricogirl]

Under the circumstances you discribed there's no chance that your ex's rights will be terminated.

Why not? Even if I were to convince him to voluntarily sign?

 

[tigger22472]

First off the state isn't going to allow you to terminate his rights without someone adopting as you are receiving state aide. TPR's terminate support and they aren't going to allow your monthly income to become lower. Secondly you gave up the right to decide if your child should be around him when you divorced(or when you got the court order even if you weren't married). A judge decides that. The odds of a judge ordering him to NOT be around the child at all depends on what he's done and it has to be bad. I know of someone who gets rights to his child and he's being brought to trial for molesting his child's half sister. So, if someone like that can get visitation rights pretty much anyone can.

Even if he agreed to the TPR, again, the state isn't going to allow it.

 

[Valricogirl]

Even if he agreed to the TPR, again, the state isn't going to allow it.

Can someone cite a Florida example. I've been looking for days online and can find nothing that specifies the criteria for voluntary TOR without adoption. There are plenty of other examples. I have already talked to an attorney, and he thinks it might fly.

 

[tigger22472]

http://www.flsenate.gov/statutes/in..._Statute&Search_String=&URL=Ch0039/PART11.HTM

39.810 Manifest best interests of the child.--In a hearing on a petition for termination of parental rights, the court shall consider the manifest best interests of the child. This consideration shall not include a comparison between the attributes of the parents and those of any persons providing a present or potential placement for the child. For the purpose of determining the manifest best interests of the child, the court shall consider and evaluate all relevant factors, including, but not limited to:

(1) Any suitable permanent custody arrangement with a relative of the child.

(2) The ability and disposition of the parent or parents to provide the child with food, clothing, medical care or other remedial care recognized and permitted under state law instead of medical care, and other material needs of the child.

The fact that you receive state aid will prevent you or your ex from terminating his rights. The fact that he pays support will also prevent it being done without his consent as support is considered contact. However, if that local attorney thinks it'll 'fly' then by all means go for it. Then explain to the state how you have to depend on them to help support you but could afford an attorney to get a TPR that takes away from your monthly income.