I know I need legal representation, I know that already I have an appointment with JAG in a couple weeks, but want to find out everything I can so I don't go into this blind.

My husband and I have been married for 5 1/2 years, I have a 7 year old son from a previous relationship, his bio father disappeared when my son was a month old, on Christmas day, I tried to find him, but everyone even his mother would not tell me where he was. About a year later he called my job asking if I still worked there, I was finally able to get an address and give it to Child Support so they could serve papers. He never appeared in court so when I do receive support I get the minimum allowed in FL. His payments are never consistent usually I get it for a month or two and then nothing for about a year, the last 2 years all I have received is his tax return. I have not heard from him since he found out that my husband I and were getting married 5 years ago. My husband and I have a 4 year old daughter together, and he wants to adopt my son, in prior attempts to have him relinquish his parental rights he has declined. My husband is in the Army, we are currently stationed in GA, and we are PCSing (moving) to Colorado in a couple months. I need to know what my options are, if I am in fact allowed to be moving around out of Florida, there is a child support order that names me as the custodial parent, but no other orders have been filed, I'm not even sure if I need to? Any and all help would be GREATlY appreciated

Thanks

If there is no court order that says you can not leave the state, then you can leave the state. If he knows you are getting ready to move, he could file a motion to stop you from moving, but since he has not used his vistitation rights, I doubt he would win. But he could try.

Also if he fights the adoption, most likely the court will not allow it, you will have to hire an attorney and try to get him to sign over his rights.

[/QUOTE] Also if he fights the adoption, most likely the court will not allow it, you will have to hire an attorney and try to get him to sign over his rights.[/QUOTE]


I really don't think he will sign over his rights, for him it would be the better option considering all of the money he owes, and that he has zero contact with his son, but I think it's a pride thing? I don't know. Are there any other rights or options to exercise? What are the criteria for FL TPR? Is this something I should ask JAG about, how often does this work? Do I have a case worth trying to pursue? To me it is def worth it considering my husband has been there for my son basically since his bio father left, and because this is all my husband has talked about doing for 7 years now. My son does not even know his bio father exists, my husband is the only father he has ever known, and his father is not someone I want in my sons life, he's not a good person why I was ever involved with him I cannot begin to explain... for the record so no one thinks I'm just angry... I'm glad the bio left, if he hadn't I don't know that my life would be the same, I'm truly grateful for his absence. Now getting my sons name changed is the final step