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hereiampdg · Dec 7, 2007, 02:31 PM

I have a friend who is in jail. He was pretty wild for a while but has straightened up and works for us on a work release program. He has 3 more months to serve for violation of probation of driving with no license(on a old charge)and then he is done. Soon after he went to jail he found out his was pregnant and he was probably the father. So he signed the registry because she said she was going to give the baby up for adoption. Since being in jail he has tried countless times to contact this girl but has not been able to reach her. Today a attorney called and wanted him to sign a paper to give the baby up for adoption. The ex had been telling everyone (including the attorneys)that He was not the father of the baby. Had the attorney not looked at the registry it would have been done and over with already. He didn't even know the baby had been born. The ex gave up her rights to the child so the adoptive parents were going to take him home. She is a drug abuser and an alcoholic. And has lost custody of her other children. He went and took a dna test and the results will be in Monday on the next court date. So the adoption has been put on hold and the child went into dcs foster care. Does he have a right to have this child even though he is in jail? Could I get temporary custody of the child until he is released and dsc lets him take custodyafter he has a place to live and gets back on his feet? Or does his rights terminate because he is in jail. I hope some one out there knows the answer. He wants to raise this child as soon as he is released. He is not allowed to see the baby or know anything about her or where she is at this time. I know a lot of father could care less what happens to their children but he is different. He is so excited but worried that the state of Florida may adopt his daughter out.

charlotte234s · Dec 7, 2007, 05:28 PM

I think that the father may lose his rights when he is incarcerated, but if they fraudulently signed things in his name so that the adoption coud go through, he needs to get a lawyer and get it fixed.

Fr_Chuck · Dec 7, 2007, 05:59 PM

He does not automatically lose any rights, he needs to have his attorney file for a DNA test to prove he is the father, he can then file in family court to be granted custody and perhaps his parents or some close family member could co/file for temp custody till he gets out of jail.

Also his attorney needs to notify the adoption court that he is contesting any adoption as the father.