Legal Question in Family Law in Florida
My ex and I are divorced and have been for about 3 years. We have two kids together that he has been paying child support for since around March of 2009. My current husband is wanting to adopt my kids, I was wandering what paper work I would have to file to relieve him of his child support obligations considering the adoption plans we have. The order was put into affect in Duval County, so any information you can provide for me would me great.
3 Answers from Attorneys
When you do the stepparent adoption, you'll simultaneously have to do a petition to terminate your ex-husband's parental rights, which, of course, your ex will have to agree to. The order terminating his rights will include a clause relieving you ex of all future responsibility for the children. It won't relieve him of past responsibility, but it doesn't sound like past support is an issue.
Without his agreement, you cannot have your next husband adopt. If he does, however, the support obligations end.
I agree with my colleagues Mr. Rose and Mr. Wagner - your ex must be willing to terminate his parental rights for your to proceed.
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