Legal Question in Family Law in Florida

De facto Adoption

Hi,

I had a child with a woman roughly 3 years ago. We were never married nor do I have any contact with the child. In fact, I've never seen or met the child. However, I pay child support every month. ($650/mo on $32k salary)

The child's mother married a man approximately 2 years ago. They have given the child the new husband's last name.

I feel like I'm being exploited for for child support.

Is there a precedent for a de facto adoption? The mother's husband is very well off financially and the mom doesn't work. Do I have any recourse?

Thanks for your advice,

Tim


Asked on 1/04/08, 2:43 pm

1 Answer from Attorneys
Thomas Rosenblum Rosenblum Law Offices

Re: De facto Adoption

Hello:

I just read your question...I only have a moment for a brief response. As such, you have several strategies/options. I don't believe you can pursue a defacto adoption. however, if you wanted the new husband to adopt the child, you could approach them with that offer.

You may want to demand visitation with the child. I have always believed having both parents around will benefit that child's life. Your demanding visitation every other weekend and more may help persuade them to do the adoption.

You also may have the option of filing a Motion to reduce child support. You have to show a substantial change in circumstances...such as your income being reduced. Look out though as she may argue against that Motion that you are not exercising visitation so she needs the child support as she has the child every day of the month.

If you need help in North Fla., give us a call. 'Hope this helps. Tom Rosenblum. Jacksonville

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Answered on 1/04/08, 3:49 pm


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