Can A Father Waive His Rights To Visitation?
In Florida, fathers cannot waive their parental rights, including rights to visitation, unless there is a compelling reason why the father should not spend time with his children. Remember that parenting laws in Florida are not concerned with what the parents want or what is best for them, but what is best for the children and state law has established that, in most cases, it is in the best interest of the child to spend time with both parents.
Compelling reasons to allow a father to waive his visitation (timesharing) rights include the following circumstances in which the father:
- committed violent crimes against the child or mother
- is otherwise dangerous to the child
- is incarcerated and expected to be so past the child’s 18th birthday
- is unknown and cannot be identified or located
- was a single-parent and adopted the child
- is the only parent of the child and is putting the child up for adoption
- is waiving rights to allow adoption of the child by a step-father
Additional information about visitation and timesharing law in Florida can be found on these pages of our web site: