Legal Question in Family Law in Florida
adopting a child that is not ''up for adoption''
We met a very nice young man last year from my son's football team, he is 12 years old. His mother is not married & has 4 children w/4 different fathers. He isn't even sure who his father is. They have lived in different motels since we met them, never in one for more than a couple of months. His mother has called him names & belittled him in front of me. She has now moved them all from Largo to Jax to be w/a man she has only known for a month. My son's friend is a very good kid who has seen more than he should in his 12 years. He has kept in touch with us since leaving (7-2) & tells us that the man is very mean to them, he is scared & says he wishes he was still in Largo. Though I have never mentioned it to the boy, I have told the mother in the past that I would be willing to take him in if she needed me to until she can get on her feet, she just cries & thanks me. Now that he is so miserable, I am thinking about asking her if he can come to live with me. However, I am nervous about what legal issues I might get into. I am not hurting financially, but am not wealthy. I fear that she might try to take advantage of us in many ways. Any advice would be greatly appreciated.
2 Answers from Attorneys
Re: adopting a child that is not ''up for adoption''
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
There are legal measures which you can take to obtain temporary custody under the circumstances, particularly if the mother agrees. Before taking any action, you should meet with a qualified attorney in your area to discuss all of the legal aspects and ramifications. Please keep in mind that the mother could change her mind and demand the child back in the future which may prove very difficult not only on you, but your child(ren).
Scott R. Jay, Esq.
Re: adopting a child that is not ''up for adoption''
There is a method of gaining temporary custody of the child if the parents consent. However, if the parents change their mind in the future, then the child would return to the Mom. This statute was recently amended to allow temporary custody if a child is abused or neglected. I have not seen any cases yet based on the amendment to the statute. With regard to adoption, I would suggest you consult an attorney who handles adoptions, I do not handle these.
Good luck,
David Ellis
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