QUESTION

Does my ex have parental rights if he has no relationship with the child and has never contributed to his care or support?

Asked on Sep 19th, 2016 on Child Custody - Florida
More details to this question:
I have an abusive ex with whom I share a child. He has been in jail for violence against me, during which time I moved. He has not had any kind of involvement with my son for at least a year, and has never contributed in any way to his support or care. I know him to be unstable, with severe behavioral and emotional problems, substance abuse issues and a tendency to violence, with a consistent pattern of criminal activity for most of his adult years. Not the kind of person I would trust with a child. He has been stalking me through social media and through third parties and recently harassed me at my church, all of which causes me great anxiety. I just want him to leave us alone. I fear that pursuing a restraining order will give rise to court ordered time sharing of my son. With his name on the birth certificate, but without any relationship or support established with the child, can his rights be terminated without his involvement in a court hearing? What should I do? What is the best thing for me to do in this case? I want him out of our lives permanently, as I believe him to be dangerous to our emotional health and safety.
Report Abuse

3 ANSWERS

John Arthur Smitten
If he is not on the birth certificate and not married to you then presently he has no parental rights.
Answered on Oct 13th, 2016 at 10:52 AM

Report Abuse
Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
Update Your Profile
If you were not married to him, he has no parental rights unless and until he gets to court with a paternity case seeking to get his rights established. He probably will not be doing that, but your concern about him getting court ordered time sharing if you file an injunction is real. Right now you have what is known as sole parental responsibility. So perhaps you can keep that in place until either he or you file a court case about paternity and support. What you should do is to have a full discussion with a local family attorney. You cannot terminate a parent's rights when they have no rights. And that is usually only done when DCF gets involved.
Answered on Oct 12th, 2016 at 11:33 AM

Report Abuse
Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
Update Your Profile
If you were never married and there is no court order establishing child support or establishing paternity, then you have 100% custody and he has no rights. And, if you were never married and there is no court order establishing child support or paternity and you get a restraining order entered, they won't (or shouldn't) establish any visitation for him because his rights have not yet been established. His name on the birth certificate is only evidence of paternity, it doesn't establish paternity.
Answered on Oct 12th, 2016 at 11:33 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters