Legal Question in Family Law in Florida

Step parent adoption/child support

I had a child with a woman 5 years ago. We were never married. She has since married another man 3 years ago. They would like to adopt the child I had with said woman.

I currently play child support and have some CS in arrears. Can the mother agree to forgive the CS in arrears if I agree to give up the child for adoption?

Thanks for your insight.


Asked on 3/13/08, 10:22 pm

2 Answers from Attorneys

Re: Step parent adoption/child support

Often these case are resolved in this fashion. She can agree and many courts will ratify such an agreement. However, a judge is not required to accept such an arrangement and could require past due child support to be paid. An agreement must include a relinquishment of both your legal rights as it relates to the child, but also your legal responsibilities.

Read more
Answered on 3/26/08, 2:53 pm
Matthew Z. Martell Law Office of Matthew Z. Martell, P.A.

Re: Step parent adoption/child support

Yes, the mother can do so. You will need to sign a settlement agreement stating these terms and conditions. I don't recommend actually filing it in the court records for obvious reasons. As a condition of you signing the Consent to Stepparent Adoption, you need to require her to sign and file an Affidavit to Credit Payor for Direct Child Support Payments in your paternity/child support case for the retroactive child support owed. I recommending immediately hiring a family law attorney in your area.

Read more
Answered on 3/14/08, 9:02 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida