Legal Question in Family Law in Florida
my daughter's boilogical father's rights
i have a 2 year old daughter and i was married to another man other than her biologicl father. i have recently been told that my estranged husband is her legal father. this is ok with me, but i have stopped recieving child support from him. I really just want to know what rights the biological father has, and if i would look bad in the eyes of the court if i cut off comunication from him. Also I hace good cause not to persue child support from the legal father, so can i also use my good cause to let my boyfriend adopt my first child? With out my estranged husband's signature?
1 Answer from Attorneys
Re: my daughter's boilogical father's rights
By "estranged husband," do you mean "ex-husband"?
If you had the baby when you were married or were pregnant when you divorced, then the child is legally your ex-husband's. In other words, you've heard correctly. Your ex-husband is now her father. The fact that your ex-husband is not the biological father should have been handled during your divorce. Then you could have gone after the biological father for paternity. (I assume you didn't have a lawyer for your divorce. I always say that there's nothing more expensive than NOT having a lawyer.)
You don't need good cause for the biological father to adopt, but you will need your ex-husband's agreement to termination of his parental rights before the adoption can occur. You also need a family lawyer now.
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