Ask Experts Questions for FREE Help !
Ask
    abandonedchild's Avatar
    abandonedchild Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 11, 2009, 01:14 PM
    Trying to find out if I have rights to ask for parental termination/adoption in FL.
    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?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Jan 11, 2009, 01:17 PM

    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?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #3

    Jan 11, 2009, 01:22 PM
    Quote Originally Posted by abandonedchild View Post
    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
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #4

    Jan 11, 2009, 04:16 PM

    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Adoption process after termination of parental rights [ 8 Answers ]

First off, I had the biological father's rights terminated last year because he had not seen my son since he was one years old and is now 11. My husband of 10 years wants to adopt and that is what we are doing, but I am having a hard time getting my attorney off her butt to get it going. I was...

Adoption after termination of parental rights [ 15 Answers ]

My sister and bother inlaw lost custody of their kids in va dss won't let my mom have the kids she has done nothing wrong was keeping them until they placed them for adoption. They said grandparents have no rights in va the kids are 13 and 9 they have said they want to live with my mom .they said...

Termination of rights and adoption [ 10 Answers ]

My ex-husband, the biological father of my oldest child, is now in a Texas prison for a crime committed against her. I can give the exact nature of the crime if need be, but without going into it right now I can say that it is a crime that allows his rights to be terminated. He was sentenced in...

Child abandonment/ termination of parental rights/ step mother adoption ? [ 2 Answers ]

MY husbands exwife give birth to his(our) daughter in Feb of 2006. He was in Iraq and she did not notify him of the birth. She was using crystal meth and the baby was born addicted. Someone notified the red cross after seeing her military ID and a month later my husband found out. The baby went...

Termination of parental rights and adoption. [ 3 Answers ]

I am married to a man that has custody, joint managing conservertorship, of his daughter. She lives with us. I have raised her since she was 1. I was talking to her biological mother on the phone and she had agreed to terminate her parental rights and let me legally adopt her daughter, wich I call...


View more questions Search