Legal Question in Family Law in Florida
II was granted permanent guardianship of my nephew in 2007, he has lived with us since 2004. His bio mother is MIA and the bio father is looking a 4 charges in broward. 1. Sexual Assault 794.011(5), 2. Felony Battery 784.041(2)(a), 3. False Imprisonment 787.02(1)(a) 4. Felony Battery prior convict 784.03(2). My husband and I want to adopt our nephew. I don't know where to start or what our changes are. Childnet closed their file back in 2007 when we got guardianship. Help...
2 Answers from Attorneys
You will need father's consent and attempts to locate mother.
Since you are using the term bio dad - I have to presume the couple never married. His rights can be terminated by the court for not complying with several statutes - ie F.S.63.062(2)(a)1. - this basically states forming a relationship with the child, financially supporting the child, demonstrating a full commitment to parenthood and regularly visiting the child. None of this has obviously been demonstrated if the bio dad is in jail most of the time. Since you have already established permanent guardianship, you should have no probably in filing a Petition for Adoption.
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