The biological father and I separated and divorced when our child was 6 months old and he physically abandoned him by the time he was 2 years old. He spent a total of 2 weeks with him from birth to 2 years of age. He has not seen the child for almost 4 years now.

I remarried about 3 1/2 years ago and at that time my husband was wanting to adopt him but we ran into so many roadblocks. All of the 4 attorneys that we consulted with said that we had no chance without the biological father's signature to terminate rights. So we hired a private investigator to find him and he did in another country so I sent a number of letters asking for him to sign but got no response.

The biological owes a very large sum for back support now and only pays the department of revenue when he feels like it in very small amounts. They say there is nothing that they can do about collecting because they had to turn over the case to the other country. I couldn't care less about the money, I just want my child to have a safe and healthy home with the family he/she loves. My biggest fear is that if something was to happen to me that his/her world would collapse around him/her. Lose the only father and family that he/she has known to be wisked off to another country with complete strangers.

I found something in recent FL statues on adoption that indicates that the state is now considering abandonment as neglect which could change our situation. Before I spend another $250-$500 consulting an attorney, I wanted to know if anyone has been able to terminate parental rights and adopt based on abandonment of the child in FL without the signature of the biological parent?

Many states do allow abandonment as grounds for a TPR. Especially when its to clear the way for an adoption. But his paying support may negate the abandonment argument.

Can you cite the statutue you found?

The biological father and I separated and divorced when our child was 6 months old and he physically abandoned him by the time he was 2 years old. He spent a total of 2 weeks with him from birth to 2 years of age. He has not seen the child for almost 4 years now.

I remarried about 3 1/2 years ago and at that time my husband was wanting to adopt him but we ran into so many roadblocks. All of the 4 attorneys that we consulted with said that we had no chance without the biological father's signature to terminate rights. So we hired a private investigator to find him and he did in another country so I sent a number of letters asking for him to sign but got no response.

The biological owes a very large sum for back support now and only pays the department of revenue when he feels like it in very small amounts. They say there is nothing that they can do about collecting because they had to turn over the case to the other country. I could care less about the money, I just want my child to have a safe and healthy home with the family he/she loves. My biggest fear is that if something was to happen to me that his/her world would collapse around him/her. Lose the only father and family that he/she has known to be wisked off to another country with complete strangers.

I found something in recent FL statues on adoption that indicates that the state is now considering abandonment as neglect which could change our situation. Before I spend another $250-$500 consulting an attorney, I wanted to know if anyone has been able to terminate parental rights and adopt based on abandonment of the child in FL without the signature of the biological parent?



No one here has posted anything about abandonment and termination of rights in Florida along these lines.

Here is the law (2007):

(1) "Abandoned" means a situation in which the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver responsible for the child's welfare, while being able, makes no provision for the child's support and makes no effort to communicate with the child, which situation is sufficient to evince a willful rejection of parental obligations. If the efforts of the parent or legal custodian, or caregiver primarily responsible for the child's welfare, to support and communicate with the child are, in the opinion of the court, only marginal efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned. The term "abandoned" does not include an abandoned newborn infant as described in s. 383.50, a "child in need of services" as defined in chapter 984, or a "family in need of services" as defined in chapter 984. The incarceration of a parent, legal custodian, or caregiver responsible for a child's welfare may support a finding of abandonment. "

You will note the section addresses marginal efforts to support the child (any support in other States takes it out of an abandonment issue).

I would consult with an Attorney to determine how the Courts are interpreting this law.

EDIT: Proceedings relating to Children, Title V, JUDICIAL BRANCH Chapter 39

How long has it been since he paid any money, that time will most likely be the time frame used.

I will say it appears you may have went too far in trying to find him, I don't know of any court that requires you to hire a private dect, and often when you can't find him though normal means, the adoption can procedue with merely a legal posting.