Legal Question in Family Law in Florida
(Issue in Florida)
We are prospective adoptive parents, child is in our care thru DCF. Birthmother gave him our last name on birth certifiacate. Birth Mother TPR'd her rights, but a man step forward as a "potential" father, he refuses to take a paternity test. Mother abused Meth during pregnancy, baby now has health & behavorial problems postbirth, Mother is now in State Prison for other offenses. Found out mother is still legally married to someone else, the "potential" father is legally married to someone else, but seperated. I need advise on how to legally have the father's rights TPR'd as well. I know the environment the baby will be placed in willbe awful! ...so upset & frustrated! People who do wrong have more rights than those who live life right!
Q: Can the "potential" father be brought up on Neglect & Child Abuse Charges for knowing the whole time and possibly contributed to the use of Meth all during the mother's pregnancy and did nothing to protect "his potential" child?
Q: What can I do?
1 Answer from Attorneys
I suggest you get help from DCF. If the woman was legally married at the time this child was born, then the married man to her is the legal father. Unless the other man wants to claim this child as his, he will have to petition the court giving his dna. If not, then he has no standing. The legal father is the person you will need to sign the documents to give up the child.
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