Legal Question in Family Law in Florida

Hello,

My son and I are Florida (Ocala) residents. My sons Bio-Father's last known residence was somewhere in Washington State (Federal Way, Puyallup, Tacoma, Seattle more than likely)

Basically, I got custody of my son in the state of FL. aprox 5 1/2 yrs ago, in the document is says that shared custody is detrimental due to domestic violence. He has not been involved with my son since my son was 1 month old. I have only recieved 2 child support checks within this last year, and I believe he may have a criminal record. Now, what I want to do is let my husband adopt him. My son calls him Dad, has known no other dad, has been takin care of by my husband in every way. How easy/hard would it be for my husband to adopt him? We are expecting another child soon and would like to let my son change his name (he wants it changed,but he is 6 and cant do it at his own will) - Should I get a lawer? How can I prepair? thank you for your time

sincerely

Melissa


Asked on 9/13/09, 9:56 am

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

You should get a lawyer and seek a stepparent adoption. You'll need a lawyer because you need to serve the bio-father and get his permission. If he won't give his permission, you'll need to terminate his rights, which can be a little tricky in Florida.

Once, the adoption is complete, you can legally change your son's name. Right now, you can't do it without the consent of the bio-father.

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Answered on 9/13/09, 1:49 pm


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