I am engaged to a man who is divorced and has a 3.5 year old son. The birth mother signed over parental rights in the 12th Judicial Circuit in Florida in Nov 2006 and has not seen her son since then.

We are looking into filing the adoption paperwork a year after we marry so that I am legally his mother. Would the birth mother be able to interfere with that process? I want to know what rights she has at this point. I know sooner or later she will pop up and would like to know legally what she can and can not do so at least I can be prepared.

What did she specifically "sign over?" Did she consent to an adoption?

If her rights have been removed by a court, she has no say in the adoption or anything else with the boy.

And I believe that in Florida you do not have to wait a year after getting married to adopt. My lawyer told us that I can adopt my soon to be step son as soon as we want to after the wedding. Being a family law specialist here in Brevard, I tend to believe her. :)

Best of luck!

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Originally Posted by JudyKayTee

What did she specifically "sign over?" Did she consent to an adoption?

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I don't have the paperwork in front of me. As far as I know the paperwork is signing over her parental rights and it stated she did not have to pay child support any longer

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Originally Posted by stevetcg

If her rights have been removed by a court, she has no say in the adoption or anything else with the boy.

And I believe that in Florida you do not have to wait a year after getting married to adopt. My lawyer told us that I can adopt my soon to be step son as soon as we want to after the wedding. Being a family law specialist here in Brevard, I tend to believe her. :)

Best of luck!

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The attorney that handled the divorce and custody battle for my fiancé said he would not file the paperwork until 1 year after we were married. He said a lot of things happen in the 1st year of marriage and he would feel more comfortable if we waited.

Thank you for giving me some piece of mind :)

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Originally Posted by Jacksters16

The attorney that handled the divorce and custody battle for my fiance said he would not file the paperwork until 1 year after we were married. He said a lot of things happen in the 1st year of marriage and he would feel more comfortable if we waited.

Thank you for giving me some piece of mind :)

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With all due respect, its not his decision whether you file for the adoption now or later. This is not a determination for him to make. He is supposed to be YOUR advocate, not a judge. If I were you, I would consult with another lawyer.