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Termination of Parental Rights

My daughter's father and I were not married, however, he did sign the birth certificate and she has his last name. He has never consistently been in her life. She is six years old and he has been out of her life more than in her life. He is now serving a long prison sentence and has never paid child support. I am financially stable with a career and want to know if my circumstances would allow me to terminate any parental rights he has or could potentially have if he were to get out early. We keep in contact through letters. He is unfit with past drug addictions and a repeat offender. Please let me know my legal options.

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Termination of Parental Rights

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Termination of Parental Rights
by: Anonymous

Dear Termination,

In Florida, termination of parental rights is usually reserved for situations where there is an adoption pending; or where the state has found that the parent is unfit. The facts that the father is in prison as a repeat offender; with past drug addictions, and has never paid support; may be enough to show that he has abandoned his daughter. Following is part of the Florida Statute, Chapter 39:

(1)?Abandoned? or ?abandonment? means a situation in which the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver, while being able, makes no provision for the child?s support and has failed to establish or maintain a substantial and positive relationship with the child. For purposes of this subsection, ?establish or maintain a substantial and positive relationship? includes, but is not limited to, frequent and regular contact with the child through frequent and regular visitation or frequent and regular communication to or with the child, and the exercise of parental rights and responsibilities. Marginal efforts and incidental or token visits or communications are not sufficient to establish or maintain a substantial and positive relationship with a child.

However, it seems more likely that a court would award you sole parental responsibility if you petitioned for them to do so; than to terminate his rights entirely. Although you are financially stable now, that could conceivably change due to accident or illness. Even though the father is currently unable to contribute to his daughter's support, someday he may be able to, and the state of Florida would like him to do so, if he is able.

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