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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 37001
Experience:  Attorney with 16 years experience
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In Florida, if I sign a legal affidavit to surrender/

Customer Question

In Florida, if I sign a legal affidavit to surrender/ terminate my parental rights of my children to be adopted by my ex-wifes unknown partner, will I still have to pay her child support if the adoption doesn't go through? I'm afraid she is trying to trick me into termination of rights and still paying child support.....
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If your parental rights are terminated in FL, then that completely extinguishes any relationship you have with the child, including any rights and obligations. Since paying support is an obligation, the duty to pay support is extinguished as well. This means the ex-parent no longer has an obligation to provide care or financial support. They also forfeit any right to have input regarding the child’s education, religion, place of residence or other child rearing decisions.

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So once your parental rights are terminated, whether the child is adopted or not, your legal obligations are over as well with regard to the child.

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That is why judges are very hesitant to terminate a parent's rights unless there is a stepparent adoption in the works since it relieves that parent of any obligations as well.

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thanks

Barrister

Customer: replied 1 year ago.
if I sign this document with a witness and notary, and send it to her.....when will I know this process is complete and I stop paying child support? Once I sign it or the judge signs adoption paperwork with my afadavit? How will I know
Expert:  Barrister replied 1 year ago.

It is actually two different legal actions. One to terminate your rights and two to approve the adoption.

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Once I sign it or the judge signs adoption paperwork with my afadavit? How will I know

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Neither. You will get an order from the court stating that pursuant to your voluntary agreement the judge has entered an order terminating your parental rights and obligations. It is effective once it is signed by the judge and filed with the clerk. So the adoption doesn't legally have anything to do with the termination other than making it much easier to do.

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thanks

Barrister

Customer: replied 1 year ago.
Thank you! You have been extremely helpful!
Expert:  Barrister replied 1 year ago.

You are very welcome. Glad to help any time..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister