Legal Question in Family Law in Florida

Husband and wife adopted daughter almost at birth. Husband and wife eventually divorced because of the problematic child (violent, lied, stole, did drugs and alcohol, in and out of the courts). Daughter eventually had 2 children out of wedlock (2 different fathers with felonies), but had her mother raise them. Mother remarried and never adopted the children due to fear tactics by daughter. Mother has since died (children age 4 and 11). The 'stepgrandfather' is now supporting and caring for them. However, the daughter is threatening to take the children if he doesn't continue to let her live in a home rent free, though she signed a rental agreement.

Can he do anything to remove her threats and adopt the children? Only the 4 year old sees her on occasion.


Asked on 1/11/10, 4:36 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

In order for him to adopt the children, he have to have her parental rights terminated or he have to prove that she is neglecting or abandoning the children. In order to have her parental rights terminated, he probably have to prove that she has abandoned the children. Clearly, she hasn't, because they all live together. You haven't listed sufficient facts for me to advise us to whether she is abusing or neglecting the children. He should probably speak to a Florida family law attorney.

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Answered on 1/22/10, 10:55 am


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