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Step-parent adoption?

Asked Jul 2, 2007, 08:15 AM — 27 Answers
I have a three year old, I am to be married Saturday, July 7, 2007. My soon to be husband wants to adopt my son. My sons father lives in MD and I live in FL, he does pay child support (court ordered) and because he is in the reserves they require him to. For the three years my son has been in my life his father has had very limited visitation, he moved to MD to be with his new wife and her family and now only wants to see my son one week every 4 or 5 months. This is very damaging to my son, I am made to feel like I have to force him to go with this man who is a stranger to my son. After a few days my son becomes depressed and cries not at all his normal self. When his father calls every few days, my son refuses to talk to him, crying and screaming running into a different room. My soon to be husband is the only man my son knows as daddy, not for lack of trying. We spent a long time trying to get him to understand that this was "Jon" not daddy, but how to do explain to a three year old that the man he sees every day is not daddy.

Do I have a case, or a possibility of doing something about this? Or do the courts care that the relationship with his true father is only damaging my son emotional status? Please help with whatever advice you have....thanks!

27 Answers
angelz921's Avatar
angelz921 Posts: 73, Reputation: 14
Junior Member
 
#21

Jul 3, 2007, 05:29 AM
I don't know anything about that sort of thing. My son has his father's last name after he specifically asked for it to be changed in the court papers. Then it took him 2 years to actually do, and I am the one who had to do all of the paperwork and ended up paying for it as well!
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arhouston's Avatar
arhouston Posts: 19, Reputation: 1
New Member
 
#22

Jul 3, 2007, 10:42 AM
Angelz921... You need to have some type of court order written up if you don't he is going to walk all over you I have the same thing happen to me sort of my ex thought cause he was the father he could do what he wanted when he wanted w/ our son and I showed he that he couldn't (with the help of the help the courts) stand your ground things will get better it did for me his visitation has has been suspended yes! He wasn't using them anyways
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angelz921's Avatar
angelz921 Posts: 73, Reputation: 14
Junior Member
 
#23

Jul 3, 2007, 11:13 AM
I spoke to an attorney yesterday afternoon, right now the first step I have to take is to go to the county where the original paperwork was filed and get everything the court has. The attorney thinks that it was improperly filed and maybe that the mediation papers could be null and void do to his incompetent attorney not filing things the way they should have. He didn't even file the DNA results with the courts like he was required to. If I have my way I will also make his visitation here in Florida and not in Maryland as well. There are so many things that the attorney thinks I was screwed on, and the fact that the father moved to Maryland with out consulting me was a violation of our agreement, which stated if one parent moved out of the state it had to be approved by the other parent do to how difficult visitation would be.

I plan on doing what I have to to make sure my son is not mentally damaged by his selfishness!
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GV70's Avatar
GV70 Posts: 2,878, Reputation: 1431
Family Law Expert
 
#24

Jul 3, 2007, 10:20 PM


Grounds for Termination of Parental Rights Florida-
Statute: § 39.806v Circumstances That Are Grounds for Termination


Abandonment or Extreme Parental Disinterest
Abuse/Neglect
Felony Conviction/Incarceration
Failure of Reasonable Efforts
Abuse/Neglect or Loss of Rights of Another Child
Sexual Abuse
Child Judged in Need of Services/Dependent
Child's Best Interest
Child in care 15 of 22 months (or less)
Felony assault of child or sibling
Murder/Manslaughter of sibling child


Circumstances That Are Not Grounds for Termination

Mental Illness or Deficiency
Failure to Maintain Contact
Failure to Provide Support
Failure to Establish Paternity
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angelz921's Avatar
angelz921 Posts: 73, Reputation: 14
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#25

Jul 4, 2007, 12:04 PM
Yeah I read that off that website too
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GV70's Avatar
GV70 Posts: 2,878, Reputation: 1431
Family Law Expert
 
#26

Jul 4, 2007, 10:15 PM


Step-parent adoption is very hard to be done when the non-custodial parent pay child support.
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s_cianci's Avatar
s_cianci Posts: 5,481, Reputation: 4046
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#27

Jul 6, 2007, 02:10 PM
If your son's father will not consent to the adoption, then you don't have much of a case. It sounds like the dad is paying child support and if he is calling "every few days", as you put it, then he's certainly making the effort to stay involved in his son's life and be a part of it. That said, your chances of getting a judge to agree to an adoption without his consent are slim to none. The fact that the father moved from FL to MD may be slightly questionable but that's just icing on the cake.
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s_cianci's Avatar
s_cianci Posts: 5,481, Reputation: 4046
Über Member
 
#28

Jul 6, 2007, 02:19 PM
Quote:
Originally Posted by angelz921
I have called a few attorney's and I keep getting a run around, no one wants to deal with custody cases "because they are to difficult"
I think that what these lawyers are trying to tell you is that such cases are unwinnable. The law doesn't base itself on emotions. Unfortunately your arguments have been just that ; emotional ones, not legal ones. Throwing up at the airport, forcing him to go with a stranger, etc. ; these are all designed to provoke emotional reactions and judges can't rule based on that. While your concerns as a mother may be valid, the law is the law and this "stranger" is your son's father, like it or not and as such he has rights. As others have said, as long as he's not a threat to the well-being of your son, he has the right to see his son. Based on what you've told us here, it doesn't sound like he is or that by visiting with his son it in any way violates his best interests. That's why lawyers don't want to get involved with such cases.
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