Legal Question in Family Law in Florida

Adoption of Niece

My husband and I have been raising our 10 year old niece for 9 years and have wished to adopt all along. My sister has signed the Termination papers, but the father refuses. Father has signed the birth certificate. He has showed no interest in raising her, no child support, no contact, no gifts. He is a career criminal with history of drug, abuse, and theft charges who happens to be in jail again. I had an attorney to start the case, but he became a judge and could not continue and no one else wants to accept this case. Can I continue pro se? Can't I claim abandonment? What do I need to do?


Asked on 7/14/08, 9:38 am

1 Answer from Attorneys
Matthew Z. Martell Law Office of Matthew Z. Martell, P.A.

Re: Adoption of Niece

Yes, you can represent yourself. However, I don't recommend it in this situation. You need to file a Petition for Temporary Custody by Extended Family Member first and get temporary legal custody. Then you need to file a Petition for Termination of Parental Rights against the Father. Your grounds for this lawsuit would mainly be abandonment. Normally, Florida DCF does these termination of parental rights cases. However, if they do not take the case, you still can proceed on your own(technically-- although it is rare. Once both parents parental rights have been legally terminated, then you can begin the adoption proceedings. Basically, you will not be able to adopt this child if the biological father objects to the adoption unless his parental rights have been terminated.

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Answered on 7/14/08, 10:06 am


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