Legal Question in Family Law in Florida
Stepparent adoption
My sons father has not been in his life since birth and he is now 8 years old and wants nothing to do with his biological father. He does not even live in the same state and will be on parole for another three years. He is not allowed to have any contact at this time with either of us for those three years. My husband wants to adopt my son and we are being told that it will be very hard without the fathers consent. Of course my sons father will not give consent out of spite and does not or has not ever paid child support. Is it possible to fight for this adoption to happen and win the case?
1 Answer from Attorneys
Re: Stepparent adoption
Yes. Florida law was very recently changed to allow a Petition to be filed to allow a stepparent to adopt a child for just the type of situation you are describing. I am in the process of filing my first case and it is truly a learning process for both myself and the Judges who have yet to experience this kind of case. There are certain requirements which must be met in order to file. You will have to make the effort to obtain the birth father's consent, but the matter can go forward even if he objects.
This is a serious legal matter. I strongly suggest that you consult with an experienced family attorney who can review your particular facts and advise you regarding the applicable laws and what you will need to do in order to accomplish your goals.
Scott R. Jay, Esq., 305-249-8000
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