Can I file for a termination of parental rights for my child’s father who has never made an effort to make contact with him?

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Can I file for a termination of parental rights for my child’s father who has never made an effort to make contact with him?

I have a restraining order against my husband. I left 15 onths ago. I had a restraining order within 2 months and our son was born 9 months ago. When I file for divorce, can I file for abandonment? I want no child support, just my son to be kept away from him. I did inform him of his birth.

Asked on May 31, 2012 under Family Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Okay you have a lot going on here and you need to speak with an attorney as soon as you can.  He may surprise you and voluntarily surrender his parental rights, although I have to tell you that courts are not keen on severing them.  Also, courts want to make sure that children are cared for financially and so you may not be able to waive child support.  It is not yours to waive.  Good luck.


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