Divorce compications

What is the name of your state? FL

This is for a good friend of mine. They have been separated 3+ years and were married in TN he is currently living in FL but she is still in TN. They have a daughter but she said she would not divorce him unless he gives up his rights. She has a court order out against him and he can have no contact with her. She filed for divorce but never followed it though and now 3 years later he wants to move on and remarry as he has a child with someone else.

He says that he will wave his rights to the child if he has too since she doesn't even know who he is. He can't afford a lawyer so I suggested he tried a legal aid lawyer.

Anyone know what he can do?
Thanks,
Sx

Is your friend aware that there are legalities surrounding a parent signing away their rights? You can't just sign your rights away. A parent cannot coerce another party to sign their rights away simply because they want that person out of their life...Was any research on the topic done prior to her making this demand?

Also - Is he legally recognized as the father? Did he sign the birth certificate? Were any custody orders ever legally decided? is there is a party willing to adopt the child?

They have been separated 3+ years and were married in TN he is currently living in FL but she is still in TN.

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They are married, thus, the OP's friend would naturally be daddy.

You're right - again!!

Yes he is on the birth certificate. However the court has forbidden him from seeing his wife so therefore he has never seen her. He has told me he just wants to get it over and done with and get on with his life. He's been waiting to marry his fiancee for a year now (they have been together for 2 1/2).

He said he will sign custody over if it means he can just get her out of his life. She doesn't want him to have anything to do with her either. I don't think there is anyone to adopt the child.

She also has a court order out against him and they left the child in her custody. So I'd assume that they decided to chose the mother over the father in this case. She told them that he stalked her and harassed her when he was simply trying to see his child thus she got a court order out against him he can't be near her.

Statute: §§ 36-1-113(g)-(h); 37-1-166(g)(4) Full text

Circumstances That Are Grounds for TerminationAbandonment or Extreme Parental Disinterest

Abuse/Neglect

Mental Illness or Deficiency

Felony Conviction/Incarceration

Failure of Reasonable Efforts

Abuse/Neglect or Loss of Rights of Another Child

Failure to Maintain Contact

Failure to Provide Support

Failure to Establish Paternity

Child's Best Interest

Child in care 15 of 22 months (or less)

Felony assault of child or sibling

Murder/Manslaughter of sibling child


Circumstances That Are Not Grounds for Termination

Alcohol or Drug Induced Incapacity

Sexual Abuse

Child Judged in Need of Services/Dependent

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http://library.adoption.com/termination-of-parental-rights/grounds-for-termination-of-parental-rights-tennessee/article/8668/1.html

maiisiku said:

Yes he is on the birth certificate. However the court has forbidden him from seeing his wife so therefore he has never seen her. He has told me he just wants to get it over and done with and get on with his life. He's been waiting to marry his fiancee for a year now (they have been together for 2 1/2).

He said he will sign custody over if it means he can just get her out of his life. She doesn't want him to have anything to do with her either. I don't think there is anyone to adopt the child.

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maiisiku said:

She also has a court order out against him and they left the child in her custody. So I'd assume that they decided to chose the mother over the father in this case. She told them that he stalked her and harassed her when he was simply trying to see his child thus she got a court order out against him he can't be near her.

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This is (legal) nonsense. The RO is between the parents, and it does not necessarily cover the child.

Literally thousands of parents have ROs against each other/each other's sig. others/each other's parents/etc ad nauseum. They STILL SEE their children.

All he has to do is file. But he hasn't.

You're the mother of the latest child? Watch how he behaves now: it's how he'll behave towards you and your child together.

No no, I'm not the mother of the last child I'm happily married. I'm just doing a favor for a friend. The mother of the last child is my best friend.

maiisiku said:

No no, I'm not the mother of the last child I'm happily married. I'm just doing a favor for a friend. The mother of the last child is my best friend.

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Ah. FOURTH-hand info.

It's practically impossible to give valid legal info to a third party, like a new sig. other. They never have ALL the info needed, even though half the time they live with the person for whom they are asking.

Fourth hand? This is new. Waaaay too far from the epicenter. Tell your friend to tell her sig. other that he ought to look at his divorce paperwork and the restraining order/s and see if the child is mentioned.

By the way? That divorce paperwork, the restraining order paperwork, any other court stuff? Is in the hands of the people whose names are on those court orders and summonses and such. THAT'S why THEY are the only ones who can really get good, valid legal info online.

He asked me to ask 'how would I file for divorce?'

maiisiku said:

He asked me to ask 'how would I file for divorce?'

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Tell him to go to the public library, get online, and come and ask.

Tell him to hire an attorney.

Tell him to go to his local courthouse and see if they have a self-help center.

We're STILL not going to "advise" a fourth party. It's ridiculous. He's a grownup, he can get his own information.

I've given him the link he'll inform you. I offered to help him as a friend. He'll give you the information first hand.

maiisiku said:

I've given him the link he'll inform you. I offered to help him as a friend. He'll give you the information first hand.

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That would be SO much better: for HIM.