Single Dad getting full custody from the mother

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fl_guy_here2000

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The mother of my two sons is willing to sign her rights over. I don't have the extra money for a lawyer so I'm trying to find out which forms I need to complete this process. I'd really appreciate any help with this issue since I called the local legal aid and they told me they don't handle that. They also told me that the courts wouldn't direct me to where to do it. Thank you.
 
I found this on a free form site and didn't know if it could be applied to my situation.


Consent by parent—Florida.
[Caption of court and matter]
Stepparent Adoption: Consent and Waiver by Parent
1. I, _________[full legal name], am the [3 one only] ( ) father or ( ) mother of the above-named child (children), who was (were) born on _________[date], at _________[city, county, and state]. I relinquish all rights to and custody of this (these) minor child (children), _________[name(s)], and consent to the adoption by Petitioner, _________[name] with full knowledge of the legal effect of the stepparent adoption.
2. I understand my legal rights as a parent, and I understand that I do not have to sign this consent and release of my parental rights. I acknowledge that this consent is being given knowingly, freely, and voluntarily. I further acknowledge that my consent is not given under fraud or duress. I understand that there is no "grace period" in Florida during which I may revoke my consent. I understand that, in signing this consent, I am permanently and forever giving up all my parental rights to and interest in this (these) child (children). I voluntarily, permanently relinquish all my parental rights to this (these) child (children).
3. I understand pursuant to section 63.182, Florida Statutes, that: "After one year of the entry of judgment of adoption, any irregularity or procedural defect in the proceedings is cured, and the validity of the judgment of adoption shall not be subject to direct collateral attack because of any irregularity or procedural defect. Any defect or irregularity of, or objection to, a consent that could have been cured had it been made during the proceedings shall not be questioned after the time for taking an appeal has expired."
4. I consent, release, and give up permanently, of my own free will, my parental rights to this (these) child (children), for the purpose of adoption.
5. I waive any further notice of this adoption proceeding.
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this consent and that the punishment for knowingly making a false statement includes fines and/or imprisonment.
Dated: _________
_______________
[Signature of Parent]
Printed Name: _________
Address: _________
City, State, Zip: _________
Telephone Number: _________
Fax Number: _________
_______________
[Signature of Witness]
Printed Name: _________
Business Address: _________
Home Address: _________
Social Security Number: _________
_______________
[Signature of Witness]
Printed Name: _________
Business Address: _________
Home Address: _________
Social Security Number: _________
[Acknowledgment]
 
Parents can't just "sign away" their parental rights like one does when transferring ownership to property.

Giving up one's parental rights IS a costly and lengthy process.

In fact, if the state wanted to take one's parental rights away, that is a cumbersome and lengthy process.

Why?

Because a parent is also abdicating their parental responsiblity along with their rights.

If you want this done correctly, speak with an attorney.

The process requires far more than signing one's name to a form!
 
I found this on a free form site and didn't know if it could be applied to my situation.


Consent by parent—Florida.
[Caption of court and matter]
Stepparent Adoption: Consent and Waiver by Parent
1. I, _________[full legal name], am the [3 one only] ( ) father or ( ) mother of the above-named child (children), who was (were) born on _________[date], at _________[city, county, and state]. I relinquish all rights to and custody of this (these) minor child (children), _________[name(s)], and consent to the adoption by Petitioner, _________[name] with full knowledge of the legal effect of the stepparent adoption.
2. I understand my legal rights as a parent, and I understand that I do not have to sign this consent and release of my parental rights. I acknowledge that this consent is being given knowingly, freely, and voluntarily. I further acknowledge that my consent is not given under fraud or duress. I understand that there is no "grace period" in Florida during which I may revoke my consent. I understand that, in signing this consent, I am permanently and forever giving up all my parental rights to and interest in this (these) child (children). I voluntarily, permanently relinquish all my parental rights to this (these) child (children).
3. I understand pursuant to section 63.182, Florida Statutes, that: "After one year of the entry of judgment of adoption, any irregularity or procedural defect in the proceedings is cured, and the validity of the judgment of adoption shall not be subject to direct collateral attack because of any irregularity or procedural defect. Any defect or irregularity of, or objection to, a consent that could have been cured had it been made during the proceedings shall not be questioned after the time for taking an appeal has expired."
4. I consent, release, and give up permanently, of my own free will, my parental rights to this (these) child (children), for the purpose of adoption.
5. I waive any further notice of this adoption proceeding.
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this consent and that the punishment for knowingly making a false statement includes fines and/or imprisonment.
Dated: _________
_______________
[Signature of Parent]
Printed Name: _________
Address: _________
City, State, Zip: _________
Telephone Number: _________
Fax Number: _________
_______________
[Signature of Witness]
Printed Name: _________
Business Address: _________
Home Address: _________
Social Security Number: _________
_______________
[Signature of Witness]
Printed Name: _________
Business Address: _________
Home Address: _________
Social Security Number: _________
[Acknowledgment]





No - because this form deals with TERMINATING PARENTAL RIGHTS as part of a stepparent adoption.

The title of your thread indicates that Mom has agreed to let you have full custody - not terminating her rights, simply signing off on custody.

Two entirely different things - so if you come back to clarify, it might help :)
 
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