Legal Question in Family Law in Florida
I live in Florida. My ex-wife and I seperated in May 2006 and I had temporary custody of our 2 children. My ex-wife then moved to NC. We got divorced in Dec. 2007 where I was granted full custody. My ex-wife was granted visitation and was court ordered to pay child support. I married my current wife in March 2008, but she has been with me and my children since my ex-wife and I had seperated in May 2006. My current wife and I have been the sole providers for the children. The biological mother has not had any physical contact with the children since the divorce in Dec. 2007, nor has she paid any child support. Since May 2006 the biological mother hasn't sent the children anything, not even for holidays or birthdays. The biological mother's phone calls with the children are now down to once every few months and they last for only a few minutes. The children were 2 and 4 when we seperated and are now 6 and 8. They know nothing of their biological mother now, except for a few bad memories. They know my current wife as their mother.
My concern is for the children if I were to pass away. Would my current wife retain custody of the children or would they be given to the biological mother? What can I do to better prepare for that event? Is there a way that the biological mother could give up her parental rights? Can my current wife adopt the children or does the biological mother need to give up parental rights first?
1 Answer from Attorneys
If you pass away, your ex-wife would legally get custody.
In order for your current wife to adopt (and get custody if you pass away), your ex-wife would have to give up her parental rights or you would have to force her rights to be terminated. It's doubtful a judge would terminate her rights at this point, but in a few years (say four or five), it would become much more likely.
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