QUESTION
If my husband got a woman pregnant and she refused to get an abortion can he give up his parental rights?
Asked on Jan 05th, 2020 on Family Law - Florida
More details to this question:
My husband had an affair with the woman two doors down. She is, or was gay, and her girlfriend got hit by a car. She was upset and as a friend he went to check on her and I guess one thing lead to another, how I still don't understand, and they had sex. She ended up pregnant, be it by accident or on purpose, the later is my guess. Now she is demanding him to leave me for her...Basic Instinct anyone. She refused to get an abortion. Can he sign legal documents giving up his rights as a parent? It just seems to me that she honey trapped him. She is a drug dealer, pot, and lives in hud housing. We own our home out right and our car. It seems like she is looking to move into my place as wife and get me and our 11 year old daughter out of the way. She is always telling him to kick me out and divorce me. Our marriage is not perfect but in most, if you are honest, they are not. I want the harassment to stop. I would like to be able to hand legal documents to her and have it end.
2 ANSWERS
Child Custody Attorney serving Maitland, FL
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Your husband should confirm, first, that he is the father by DNA testing. He should then consult with a family lawyer to assess the waiver of his parental rights, should he be determined to be the natural father.
Answered on Jan 21st, 2020 at 8:38 AM
Unfortunately, there are no "papers" you can hand her and get your husband off the hook. First, have his parental rights been established? Did he sign the birth certificate? Has the woman sued to establish paternity? If she has not done so to date, she can do it in the future.
If paternity is established, although your husband can file an action to terminate his parental rights, unless there is another parent to step into his shoes,it is unlikley the court will grant such relief. Essentially, the state has an interest in assuring that there are two parents to support a child, and unless there is a person who choses to adopt the child and become the legal second parent, it is likley your husband is stuck.
Best of luck,
Cindy S. Vova
Law Offies of Cindy S. VOva, P.A.
Broward/Boca Raton
954-316-3496/561-962-2785
Answered on Jan 06th, 2020 at 7:56 PM