Legal Question in Family Law in Florida

Can my child be adopted by her stepfather -to -be?

My child was born in the Cayman Islands and her father is also a citizen of the Cayman Islands. Her father is not involved in her life and we (me and child) now live in USA. Is it possible for my fiance to adopt her even though her biological father has not given up his parental rights? My child's father and I were not married at any time, so do I, as a single mother have full custody under the british (Cayman Islands)law?


Asked on 5/16/04, 11:53 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Can my child be adopted by her stepfather -to -be?

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.

This is a two step procedure. You will first need to file a Petition for Termination of Parental Rights in your local circuit court. In this legal proceeding you will ask the Court to determine that the natural father has been absent from the child's life and not contributed to the development of the minor child. The natural father will have the opprortunity to respond and be heard by the Court. You will have to obtain personal service of the Petition upon him.

Secondly, you will then have to file a Petition for Stepparent Adoption. The Courts generally look very favorably upon these petitions and will readily grant them upon a proper case being made.

These are very complicated legal proceedings and I strongly recommend that you consult and retain a family law attorney in order to commence an action. He/she will know how to handle this case and will provide invaluable guidance.

Scott R. Jay, Esq., 305-249-8000

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Answered on 5/16/04, 2:13 pm


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