Legal Question in Family Law in Florida
Custody of 2-year-old daughter
My ex has not seen our daughter for almost two years, and before that, visitation was minimal due to him not wanting to help with our child. I am now married and my husband would like to file for adoption of my daughter. My ex has never paid a dime of child support and I never filed for any because I didn't want him to have any court-ordered rights, but now that he knows someone else wants to adopt her, is trying to meddle in our lives with harrassing texts, etc. He is living in a house with a non-convicted child rapist, his stepfather, and I will go to jail before letting him have her in that house. How do I go about adopting her and are documents like his blogs defacing me and talking about suicide and hurting other people permissable in court?
1 Answer from Attorneys
Re: Custody of 2-year-old daughter
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Anything that your ex publishes to a public sight might be admissable in court. The question is relevance but it can probably be used to show his state of mind and perhaps lack of mental stability. You can not adopt your own daughter.
You can file a Petition for Termination of Patental Rights alleging all you have in this fact pattern and presumably more. Based on the complexity of the matter and your location, you will probably require the aid of an attorney. The court will listen to testimony and review all evidence of both parties (if he contests your motion) and then make a determination. If granted, your husband can then file for a stepparent adoption.
Scott R. Jay, Esq.