Legal Question in Family Law in Florida
My new husband (married March 2009) allowed his parents to adopt his infant son in 2002/2003 when he had to serve nearly 5 years in prison in the state of Florida. He had drug charges as well as attempted robbery. At the time he did what he felt was in the best interest of his child. The biological mother signed over all of her parental rights when the child was an infant. There were no crimes of violence just some very poor judgement calls on my husbands part. He was released on June 1, 2007 and went to Ohio where his parents were residing with his son. He remained there until his parents decided to move back to Florida in May of 2008. At that time he opted to relocated to Virginia to make a life for himself and prove that he was ready, willing and able to raise his son. We have been allowed the opportunity to have his son here to visit but we are seeking custody. My husband's parents, particularly the mother do not want to allow this. WE need advice on where to turn.
1 Answer from Attorneys
He gave up his rights. It was the right thing to do. It would be terribly hurtful to take the child away from his parents (that's right -- they are his parents; they raised him). If you press this matter, you risk the parents deciding that he will not be allowed to see the child and it would be their right to do so. Bieing in prison for 5 years and out for 2 years does not give me, and won't give the court, a lot of comfort that he has changed. I am glad he found you and is trying to turn his life around. He shouldn't hurt his child be trying to take him away from the parents that havbe cared for him and raised him when your husband was too irresponsible to do so as he should. He has now lost the right to that privledge.
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