Legal Question in Family Law in Florida
The mother of my son-in-law's child has recently married and now has told other family members she wants her new husband to adopt their child. My son-in-law does not want this to happen. She has stated that even if he is not willing eventually the adoption will go through. My son-in-law has never paid child support (she has refused to allow contact with the child) but has sent money through his mother occasionally. Can an adoption take place in this instance. My son-in-law is a fine young man with no problems.
2 Answers from Attorneys
Your son in law must give his permission to relinquish all parental rights prior to adoption. I suggest he petition the court to resolve issues of visitation, custody and support.
The other lawyer is not exactly correct. It is possible to have parental rights terminated unwillingly. Typically, this is done by the other parent claiming that the child has been abandoned. "Abandonment" usually happens when no child support has been paid (sending money through the mother occasionally doesn't count) and/or the parent hasn't seen the child in a number of years. That's probably what the mother will claim. Your son-in-law should see a lawyer immediately.
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