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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27198
Experience:  Attorney with experience in family law.
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I have a question about the relinquishment of parental rights:

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I have a question about the relinquishment of parental rights: I live in Florida with my daughter and her father, I believe, still lives in West Virginia. What steps do I need to take and what forms will I need for his voluntary release to be legally binding so that my husband can adopt her?

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Florida actually has forms that your daughter's father can sign to allow your husband to legally adopt the girl in Florida. It must be signed in front of two witnesses and a notary (the notary's office should be able to provide witnesses).

If he will not agree, then it will be necessary to file a Motion to Terminate Parental Rights, explaining why he is unfit to be a parent and that you would like your husband to legally adopt her. If you explain to him that signing his consent to the adoption will terminate his obligation to pay child support, that may make him more willing.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 3 years ago.

I appreciate your help, Lucy. Do the witnesses and the notary have to be from Florida? He isn't exactly helpful so asking him to find a ride to Florida (he doesn't have a car or license) is somewhat out of the question. My plan was to drive to West Virginia and ask his brother to find him for me since he and I have had no contact since before my daughter was born. Can I take the Florida paperwork with me and take him to a notary office in Charleston, WV and get it all signed there?

Neither the witnesses nor the notary have to be from Florida. It just has to be a notary in the state where he is physically located, and two people who watched him sign the forms. You can drive all the paperwork to him in West Virginia, have him sign and notarize it, and drive it back, if you don't think he'll do it by mail. But he doesn't have to be in Florida to do it. And the two of you don't have to sign at the same time.
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