Ask Me Help Desk - Step Father Adoption

Step Father Adoption

I have a 4 year old daughter. Her father and I (never married)separated 1 year after her birth due to his abuse and drug use. Florida courts granted me custody and restricted his contact to internet video 2 times per week and a phone call on saturdays with the option of unlimited supervised visitation. He has never tried to have supervised visitation, nor has he called, he only does the video chat. My soon to be husband has been raising her with me since she was 18 months old (3 years now) and she knows him as her father. He was incarcerated briefly for lying to the courts during our custody trial (2009) and convicted of civil contempt and ordered to pay me over $13,000 in addition to child support because he was able to manipulate the visitation supervisor and she let him take her home unsupervised. He refused to return her home until we got a warrant for extraction 10 days later. After her return home she told me he was "touching (her) pee pee". I took her to her pediatrician who made an abuse report, no charges were filed because he said he didn't do it... Crappy Florida for you! He failed drug tests during the social investigation as well as lied about taking them, over all he is a piece of crap... what can I do to have his parental rights terminated in Ohio so that My husband can adopt her once we are married?

I hope your husband the best since many men will not take on the duty

But what he has done, only restricts his rights to vists ( for now) but may not be enough to take them away, as long as he wants to keep them, So he will still have to be asked to give them up and can fight losing them in court.
So be prepared for a long and costly court battle to try and take them away

Felony Kidnapping

Ok here's the deal... I have custody of my 4 year old daughter. Her father and I never married. When we split at the age of 1 she stayed with me. During our custody trial he was allowed supervised visitation due to abuse and drug use. The visitation company screwed up and allowed him to take her home, they are now being sued, and he refused to return her for 10 days. I was only able to get her home via an extraction order that took 10 days to get because it was during the christmas holiday 12/20 through 12/30. During that time I had a court order allowing me to take her out of state for Christmas which didn't happen because her father was refusing her to come home. Once she came home, my attny. Petitioned for criminal and civil contempt. He was convicted of civil contempt and the judge said I had to hire a criminal attny to do the criminal contempt. This occurred December 2008. I know that kidnapping is a 1st deg. Felony and has a stat. of limitations of 3 years. Can I still hire an attorney to presecute him for the felony of kidnapping? Also, his in-laws own the home he lives in and were present during the time she was being unlawfully held so can they be included as an accomplice to the felony? WHEW...

Quote:

Originally Posted by peeches311

... Once she came home, my attny. petitioned for criminal and civil contempt. He was convicted of civil contempt and the judge said I had to hire a criminal attny to do the criminal contempt. ...

Odd.

An attorney is an attorney, capable of civil and criminal matters. However criminal cases are normally prosecuted by attorneys working for the government, not for individual citizens such as yourself.

Are you in a foreign country or something?

Hello p:

Call your district attorney. You can find in him your state government.

excon

You lost me when the Court recommended retaining a criminal Attorney to prosecute someone.

- not in my area (NY). That's what the Government is there for.

What is it you really want here. Do you just want the step father to adopt? Or do you want to prosecute for a criminal complaint.

Given the circumstances, I would suspect you wouldn't have too much trouble getting a Family Court judge to grant a TPR to clear the way for an adoption.

Quote:

Originally Posted by AK lawyer

Odd.

An attorney is an attorney, capable of civil and criminal matters. However criminal cases are normally prosecuted by attorneys working for the government, not for individual citizens such as yourself.

Are you in a foreign country or something?

I am in Ohio now. We were granted a permanent relocation from the state of Florida. Florida is where the custody case was held and closed. My custody attorney told me he "Could do the case but it would be very expensive" My custody team consisted of 2 attorneys and 2 paralegals to the tune of a combined $1075 per hour. I was I was advised to have a less expensive attorney do the criminal since it was an "open and closed matter" where as the custody trial "can be a long and messy battle" kind of like "use the big guns in the big battle and a little pea shooter for the easy fight of the kidnapping charge"

Quote:

Originally Posted by ScottGem

What is it you really want here. Do you just want the step father to adopt? Or do you want to prosecute for a criminal complaint.

Given the circumstances, I would suspect you wouldn't have too much trouble getting a Family Court judge to grant a TPR to clear the way for an adoption.

I would love a TPR! I am now pursuing the Felony Kidnapping charges through the state of Florida... Let the State Attorney do the prosecuting. A conviction of a 1st deg. Felony against his own child would almost for sure promise a TPR is granted. We spent over $300,000 in 2 years for the custody case.. we are tapped out! A long and messy battle for the TPR pending adoption is not a financial option right now. So if the state of Florida can get the conviction, a sentence of at least 7 years would qualify her for automatic TPR under Florida law (incarceration for at least 50% of the cilds remaining minor age years) she is now 4. will be 18 in 14 years so 1/2 of 14 is 7... am I making any sense? Or have I gone completely mad :o

Quote:

Originally Posted by peeches311

I was advised to have a less expensive attorney do the criminal since it was an "open and closed matter"

Hello again, p:

Please READ what we've already said to you. I don't CARE what you were advised. You were advised WRONG! Private attorney's DON'T prosecute criminal matters. They just DON'T.

Now if it was a CIVIL suit based on CRIMINAL CONDUCT, that is a different matter ENTIRELY. IS that what this IS??

excon

Quote:

Originally Posted by JudyKayTee

You lost me when the Court recommended retaining a criminal Attorney to prosecute someone.

- not in my area (NY). That's what the Government is there for.

HA! That's what the government is there fore... that's a good one. My daughter said he "touched her pee pee and hurt her" so I took her to the pediatrician, doc called abuse hot line & made a report, sheriffs dept went to his house and asked "did you molest her?" he said no, they asked him to take a lie detector test he refused and they closed the case. They never spoke to me, the dr. or my child. I was told "it happens so often that we can't convict everyone" by the head seargent of the police. ALSO... the day after she was taken by him I called the police to his home and showed them all of my court papers, her birth cert. the court orders... DCF even came to the house and told the cops that he had NO RIGHT TO HOLD HER IN THERE and they still refussed to go in and get her... they were covering their rear. They should have gone in and gotten her and charged him with kidnapping then and there.. why didn't they?

Quote:

Originally Posted by peeches311

HA! Thats what the government is there fore... thats a good one. My daughter said he "touched her pee pee and hurt her" so I took her to the pediatrician, doc called abuse hot line & made a report, sheriffs dept went to his house and asked "did you molest her?" he said no, they asked him to take a lie detector test he refused and they closed the case. they never spoke to me, the dr. or my child. I was told "it happens so often that we can't convict everyone" by the head seargent of the police. ALSO... the day after she was taken by him I called the police to his home and showed them all of my court papers, her birth cert. the court orders... DCF even came to the house and told the cops that he had NO RIGHT TO HOLD HER IN THERE and they still refussed to go in and get her... they were covering their rear. They should have gone in and gotten her and charged him with kidnapping then and there.. why didnt they?

I have no idea why you are being mistreated (if that is your allegation) by the entire State of Florida. These are questions better asked of the very people you are claiming are not doing their jobs.

In my area of NY private individuals and their crack legal teams cannot prosecute ANYONE. That's up to the authorities. It would appear those authorities either didn't believe you or misunderstood you.

Quote:

Originally Posted by JudyKayTee

I have no idea why you are being mistreated (if that is your allegation) by the entire State of Florida. These are questions better asked of the very people you are claiming are not doing their jobs.

In my area of NY private individuals and their crack legal teams cannot prosecute ANYONE. That's up to the authorities. It would appear those authorities either didn't believe you or misunderstood you.

That's how I feel.. "mistreated by the entire state of Florida" not so much myself, but my daughter. FL has the highest case load of child abuse 2x the state of California but with 1/2 the population.. they are not protecting the children.. I will not rest until MY child is protected against her assailant, forever safe from his continued threats of future violence. To this day he tells her via video communication "Im going to see you real soon" and "I will bring you to Florida real soon" and she cries all the time over nightmares that "(his name not disclosed) is going to take me away again mommy.. I know it" as a mother I am still tormented every day that he is free to roam, free to come after us. Black and white, plain and simple, he violated FL statute 787.01 (1)(a)(3) and 787.01(3)(a) but the legal system in FL is anything but black and white. It is so frustrating!

Im so exhausted! FRUSTRATED! The police will not do anything. Regardless of the statutes they say it is a civil matter! He kidnapped her! Plain and simple! The police that reported to his house were wrong in not taking her out that day and now I find out that one of the officers that was there that day and refussed to remove my daughter is now the head seargent of the SVU! She told me "we didnt do anything about it then, so why do you think we will now?" OMG! SERIOUSLY!? THIS IS WHY PEOPLE GO ON RAMPAGES!!

Have you talked to the FBI?

Quote:

Originally Posted by ScottGem

Have you talked to the FBI?

I have tried calling the state Attorney General Bill McCullum, the Governor Charlie Christ, I even wrote to Michelle Obama! HOW CAN THEY DO THIS? HOW DOES A STUPID BEATNICK COP GET TO DECIDE WHICH LAWS TO UPHOLD AND WHICH LAWS NOT TO UPHOLD!

Point blank... they do not want to admit that they were wrong to have refussed to remove her in the first place. In order to prosecute him on Kidnapping charges they have to admit that he was unlawfully holding her. In doing so they will be admitting that they screwed up. I can't let this go though. Im being given the shaft every where I turn. How do I contact the FBI? What, if anything can they do? He has a fugitive record in Virginia from like 2006 but that was on drug charges and failure to comply with a court order and go to the drug classes. Florida refussed to extradite him on that too. They prefer to keep their criminals!

Writing to Michelle Obama isn't going to do anything. She has a staff that reads her mail.

You need to write your congressmen.

Kidnapping is the jurisdiction of the FBI. The FBI won't care if the local cops screwed up or not. Just look in your phone book for the nearest FBI office.

Quote:

Originally Posted by J_9

Writing to Michelle Obama isn't going to do anything. She has a staff that reads her mail.

You need to write your congressmen.

Do I write him in Florida where this occoured or in Ohio where we now reside?

Spidey senses tingling - something is not right here.

Quote:

Originally Posted by peeches311

Do I write him in Florida where this occoured or in Ohio where we now reside?

You write where it occurred because you want to change the laws there.

Both

Quote:

Originally Posted by JudyKayTee

Spidey senses tingling - something is not right here.

EXACTLY! I know it, you know it, but no body else seems to care! I would never consider acting outside of the law, but if it comes down to protecting my child we can and WILL disappear! This is why children disappear. :eek:

Quote:

Originally Posted by J_9

You write where it occurred because you want to change the laws there.

I agree it is important to change poor laws, but the problem here is not poor laws, it is refusal of law enforcement to enforce the laws!

Quote:

Originally Posted by J_9

You need to write your congressmen.

Quote:

Originally Posted by peeches311

Do I write him in Florida where this occoured or in Ohio where we now reside?

Quote:

Originally Posted by J_9

You write where it occurred because you want to change the laws there.

Last I looked, U.S. Congressmen don't change state laws.

Quote:

Originally Posted by ScottGem

Kidnapping is the jurisdiction of the FBI. The FBI won't care if the local cops screwed up or not. Just look in your phone book for the nearest FBI office.

OP cited the Florida kidnapping statute,787.01, Kidnapping. I believe the child's father could be prosecuted under FL statute 787.03, Custodial Interference, rather than 787.01, Kidnapping. But in any case, it's not the Federal kidnapping statute (Lindberg Law) she's talking about.

Quote:

Originally Posted by AK lawyer

Last I looked, U.S. Congressmen don't change state laws.

OP cited the Florida kidnapping statute,787.01, Kidnapping. I believe the child's father could be prosecuted under FL statute 787.03, Custodial Interference, rather than 787.01, Kidnapping. But in any case, it's not the Federal kidnapping statute (Lindberg Law) she's talking about.

He did not take her out of state... that I know of. I am just so frustrated that this is so easy to see in the statutes however the police are refusing to pursue it. I contacted the FBI however and hope they can intervien.

I know this is not kidnapping in NY - it's parental interference (if it's that). I have investigated more than a couple of these matters, gathering info, getting sworn statements, and the bottom line is the "Go back to Family Court" advise. The Police don't want to get involved because they are busy chasing criminals (or so they tell me) and this is not criminal activity.

I have also seen one parent go so overboard that the Police "favor" the other simply because they are tired of the drama, ranting and raving.

Quote:

Originally Posted by peaches311

Point blank, it is a crime in the crimial section of the state statutes (FL) so why won't the police recognize it?

No, it is not, actually.

Quote:

787.01Kidnapping; kidnapping of child under age 13, aggravating circumstances.
—
(1)(a)The term “kidnapping” means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to:

...

3.Inflict bodily harm upon or to terrorize the victim or another person.
...
(b)Confinement of a child under the age of 13 is against her or his will within the meaning of this subsection if such confinement is without the consent of her or his parent or legal guardian.

It's not because:

it wasn't "forcibly, secretly, or by threat";
she wasn't confined, abducted, or imprisoned. Like it or not, he is her parent, so "confinement" doesn't apply under this statute.
You haven't shown intent to terrorize either her or you.

Quote:

Originally Posted by AK lawyer

No, it is not, actually.

It's not because:

it wasn't "forcibly, secretly, or by threat";
she wasn't confined, abducted, or imprisoned. Like it or not, he is her parent, so "confinement" doesn't apply under this statute.
You haven't shown intent to terrorize either her or you.

744.301Natural guardians.
—(1)The mother and father jointly are natural guardians of their own children and of their adopted children, during minority. If one parent dies, the surviving parent remains the sole natural guardian even if he or she remarries. If the marriage between the parents is dissolved, the natural guardianship belongs to the parent to whom custody of the child is awarded. If the parents are given joint custody, then both continue as natural guardians. If the marriage is dissolved and neither the father nor the mother is given custody of the child, neither shall act as natural guardian of the child. The mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless a court of competent jurisdiction enters an order stating otherwise.

He had not been ajudicated the father yet, that came later in the case.

Quote:

Originally Posted by AK lawyer

No, it is not, actually.

It's not because:

it wasn't "forcibly, secretly, or by threat";
she wasn't confined, abducted, or imprisoned. Like it or not, he is her parent, so "confinement" doesn't apply under this statute.
You haven't shown intent to terrorize either her or you.

She WAS confined against her will. The day I located him and went to the home and asked for her, she came running to the door screaming "mommy" and he hauled her off to a room in the back and closed the door. Also, as her only natural guardian "her will" is bestowed upon me. It is MY consent that is required. Also it was "forcibly, secretly, or by threat". I had to use a PI to locate him because he was using a fake (other than where he was living) address to the courts for his custody papers in the filing of them. I did show the intent to terrorize... everyday for 10 days I called and begged him to allow her to come home. I told him he is hurting her and breaking the law. He did not even allow her to speak to me. He told me she "was gator meat" and I "will never see her again" as well as told me that "they may have found Caley Anthony's body but they wont find hers" and told me "hows that feel? ya like that? knowing you'll never see her again?" That in its self is terrorizing enough. And again, at this point he was not legally her parent... that's what DCF was trying to explain to the police, showing them my documentation, her passport, her birth certificate, the court orders, all of that proved he had no guardianship or custody at that point and still has none.

This has turned into a blog - everything that can be said has been said.

Time to close unless there is new info - ?