Legal Question in Family Law in Florida
Hello,
This is the history: I have a 6 yr. old daughter that hasn�t seen her birth father since her 1st birthday. Since then I have remarried and my husband is a great father to her and all our kids. I have no address or phone number for him and he as not tried to contact me even once in the past 5 yrs. At the end of last year the State of Florida started sending me child support from him. I called them and they said his employment hit their systems so they started garnishing his wages for child support plus his back support. Even after this I still do not know his exact ware bouts and he has not contacted me. In our divorce we have joint custody with me being the custodial parent. My question; is there anyway to put it on record with the courts that he has had no involvement with her and possibly get full custody. My concern is that if anything happens to me the courts will look to him to take her not my husband (who is the only father she knows). This really makes me nervous since he has a terrible history with his older daughter (found this out after the fact). I need to insure that my little girl will be safe and happy if something would happen to me either with my husband or mother.
FYI- we have looked at my husband adopting her but the money involved is too much right now. I was laid off a year ago and the saving we had was used to help keep everything afloat.
Thanks for your time and any direction given.
Orlando, FL
1 Answer from Attorneys
You can't do what you want without your husband adopting her. Even if you make a will which gives your daughter to your current husband on your death, the biological father's rights take precedence if you die. Also remember that if you should find the money for your current husband to adopt, the child support from her biological father would terminate at the point of adoption.