How do I get my child's father to sign over his parental rights to me? 2 Answers as of July 11, 2013My son has not seen his father in over 18 months. I stopped letting him see him because I didn't trust the decisions he was making. The way he spoke to my son like he was his 'homeboy.' I would pick my son up to walk in the house and smell marijuana. I never put him on child support. He was in jail when my son was born, got out when he was a month old, stayed out for 2 months til he was sentenced to a 1.5 years in prison. I brought my son to see him throughout the year he ended up serving. When released he was around for 7 months before I stopped letting him see him due his behavior. I have only been offered money on two occasions. My son will be 4 this year, and I've been offered a total of $400 his entire life. He is now possibly facing 20 years in prison, but has to wait trial to be sentenced. I have been wanting to have him sign his rights over to me for a long time but have not said anything because I didn't want to start problems, I have just stayed out of contact with him. He has threatened me at times but I have not filed any complaints or charges. I would really just like him to sign his rights over to me, and under the circumstances I am hoping he will. How do I go about doing this if even possible?
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
The only way that he can legally terminate his parental rights is if there is someone else willing to adopt the child. Otherwise, he is the biological father. That said, you can file a paternity action that establishes him legally as the father, and then establishes sole parental responsibility for you (should be awarded in this case based on what you've stated) and only supervised timesharing for him (if he ever gets out of jail). That would essentially create the same scenario that you are indicating you want. That said, if the child is 4 yrs, and he's going to be going to jail for an extended period of time, it sounds like he's going to be pretty much out of the child's life anyway!
Answer Applies to: Florida