Legal Question in Family Law in Florida

Adoption

My sons father has just recently gotten out of prison after 6 years. My son is now seven, and understanding the jist of what has happened in his life,he wants the person who has raised him all his life to become his adopted father. If the father disagrees to this, can I have the right to fight for his parental rights being terminated since he has not been there for my son? Also to my beliefs, I feel it would be an enormous emotional attack on my sons behalf to rip him away from the person who has cared for him since birth. He wants nothing to do with his birth father at this time.


Asked on 1/30/02, 5:10 pm

1 Answer from Attorneys
Sanford Martin Martin Law Office

Re: Adoption

You do not indicate whether you are married to the child's father, whether there is a court order governing custody, visitation, support, etc., what your relationship with the person who has acted as his father is, whether the person wishes to adopt the child, etc. Adoption appears to be an option. If the natural father consents to the adoption and the person can show he would be a fit parent, the court would likely approve the adoption. The natural father's parental rights and obligation for support would be removed. You are advised to consult with a family law attorney who can advise you re your legal options based on your circumstances. The court will determine what is best for the child. Of course, you could have pursued adoption while the natural father was in prison.

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Answered on 1/30/02, 8:33 pm


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