Legal Question in Family Law in Florida
How can my 8 year old daughter's stepfather apdopt her if we can not locate her real father? We have not seen him in over 2 yrs.
2 Answers from Attorneys
No. You will need to get the court involved and locate him. It is not that difficult to find someone.
Here's another idea. File a petition to terminate the father's rights based on abandonment. Normally, this doesn't work because the father shows up (after having been gone for many years) to say he wants visitation. (Of course he doesn't realize he gets stuck with a big child support bill, but that's what happens.) But, if he's truly gone and can't be found, the sheriff's department will report him as unserved, and you'll be able to serve by publication (in other words, in the newspaper). A lawyer can help you with all this. The judge will most likely agree that, although parental rights aren't normally terminable for just two years worth of abandonment, a present, loving, adoptive father is worth far more to a child than an invisible, biological one. The goal here isn't to trick the father out of rights. If he cares, he should be with his child. But the question is, if he cares, why isn't he with his child?