I am trying to do a step-parent adoption, but my ex-husband refuses to give consent. We live in FL. HELP!?

Question

We live in Jacksonville, FL and have a 7 year old daughter that I had during my first marriage although my second husband has raised her since she was 2. My first husband lives in CO, is a felon on parole for check fraud and theft and has not seen her since April 2007 mostly because he has denied his last 2 visits with her. He is supposed to have weekly phone calls but rarely makes them (maybe once a month or so). He still refuses to give consent to the adoption. He pays $15 per week in child support but I am about to place him in contempt of court because he should have started paying $500 per month upon his release from prison in April 2008 and has failed to do so. This is a very complicated situation, but basically my question is this: IS THERE ANY WAY TO PUT THROUGH A FLORIDA STEP-PARENT ADOPTION WITHOUT THE BIOLOGICAL FATHER'S CONSENT AND HOW DO I DO THIS? Any info would be greatly appreciated. Thanks!

Answer 1

Anythings possible in todays legal system but it wont be easy nor cheap and theres still no guarantee that youll win anyway. The easiest way is for Dad to sign over his rights and forgo paying any child support except arrearages. This could be a possible bargaining chip here for you if used wisely and outside the courtroom. Good luck

Answer 2

The only way to do it without his consent is to have his parental rights terminated. And, quite frankly, that is hard to do. You either have to prove that he abandoned the child or that he is unfit and harmful to the child.

The legal system defines abandonment as having no contact with the child for 1 year with no interference from the other parent. By you own admission, he does call her. You have not mentioned abuse, so I will assume that that is not an issue and as far as unfit, not even his felon status will matter since it really had nothing to do with her.

My ex had not had any contact with our daughter for over 3 years and had been very emotional abusive and I was still told that I could not win. The courts basic thought is that they are not going to terminate someone's rights unless it is absolutely needed for the safety of the child. So, I was told to let sleeping dogs lie, wait it out and when she is 19 her and my husband can go to the courthouse and have the adoption done and her biological father can't do anything about.

I'm sorry. I know that is is not what you wanted to hear. Also, this information is from another state and while I believe that it probably the same, you really should check with a lawyer. Most good attorneys will give you a free consultation.

Answer 3

It's time to put the screws to him financially and pay the correct child support. Then see how unwilling he is to give his daughter up for adoption. You legally can't sever his parential rights unless you prove he is an unfit parent. You need a good lawyer to handle this for you. Stop being so nice or you will never get satisfaction.

Answer 4

i've got been by using it. the mummy will could renounce all her rights to the new child. this will additionally end her new child help criminal accountability. you will choose a criminal professional and the new child will additionally choose a criminal professional. i realize it sounds goofy. as quickly as I observed my daughter, I had to pay a 2d criminal professional to talk to her for 5 minutes and tell the decide he agreed it substitute into in the new child's terrific activity for me to undertake her. The adoption regulations additionally very a sprint via state. In Texas we had to have been married for no less than a 365 days earlier shall we record for the adoption. If the mummy is contesting the adoption it ought to get very costly very speedy.

Answer 5

Sounds like court time. But you do need consent. But since you have all these counts against him it should be extremely easy to have judge's consent given to you.

Good Luck to you and your daughter. (:

Answer 6

SEE A LAWYER and don't get legal advice for something this important from strangers on the net!

Answer 7

you should get a lawyer and since he isnt paying full child support it will be easy to press charges. you need to take him to court if you can afford it(i know i cant). everything will work out

Answer 8

Yikes. You need legal advice from an attorney! This is important, don't slack off.

Answer 9

yes it is possible if he can be proven to be unfit but you can't do anything without a really good attorney

Answer 10

Quit fighting, its "all about the child"!

Answer 11

Thats just mean

Answer 12

fff