Ask Me Help Desk - Asking to remove parental rights.

Asking to remove parental rights.

How can I ask about removing parental rights .
My sons father has not communicated nor seen or spoken or paid any child support all 7 years of my sons life.
I got a letter "DCSI" and me vs. the father.. and his letter says motion of contempt. Because of never paying I assume.
My fiancé who has raised my son with me his whole life would like to adopt him. We have proof that we have provide everything. w/o NCP efforts .
Now also I need to prove his heroin issues can I request that the court varafy drug use? Maybe a request of med records? And would that help me gain full custody. Please help. We simply have not heard from him nor see him as far as our knowledge he's missions persons. And we want to move on.

Step parent adoption

My situation is very the same. Same ages etc. mine is a heroin junkie which is hard for me to prove unless I can request for the court to looking into med records. He is in rehad now.. lol whatever. He has not seen his son etc for eyar and my new fiancé has raise my son since he was ababy. I might do what he said above as in file for a name change and then file for step parten adoption. BAM THANK YOU GUYS!! IM GUNA GO DO THAT.
@SCOTTGEM

I would recommend waiting and just do the adoption. Why go through two expenses and two court actions when it can all be done with one.

I merged your threads. I assume the second post was after you read another thread that answers your question. The point is don't try to terminate his rights, just go for the adoption. It will take care of everything at one time.

Yes. What would be the point of "removing parental rights", or limiting his visitation when he doesn't use those rights anyway? As apparently you have learned in another thread, when your fiancé makes you his wife (and in some places a year or so has elapsed since your marriage), he can apply to adopt your child.

It is very hard, if not impossible in some areas to just terminate rights, even the worst bio father who has never visited or paid, is assumed to have certain rights.

But for adoption termination of rights is much easier and first the bio father may just sign over to allow adoption,

Wow I mean the feedback was seriouly like I felt as though I wassnt alone with this... I def want to start with thank u. So plan of action.. adoption leads to both name change and offering for parental rights over. My husband can simply say he's been providing and can still provide. There is a motion in contempt for the father is it a bad idea to bring up adoption to jugde then. And pos get him to sign that day..

Also I knew I needed some lope hole id say and I swear I think you all def opened my eyes and that one sentence. From fr_chuck about adoption leading it to termination of rights was my lope thanks also and e of live in the sf area that would be intreated or know anyone intrested in takeing my case on.obv not free... I would like to lawyer up asap.?

Yes, lawyer up ASAP and get the ball going

LOOK AT THIS GENTLEMEN //QUOTE QUOTE I LOOKED UP adoption laws in Florida.. and found this..

For example, although there are exceptions, an unmarried biological father must register his paternity with Florida’s Putative Father Registry; otherwise, the court will not require his consent before proceeding to complete an adoption plan.

In english I think it says I don't need his consent there is no way on earth he would know anything about that registry.. just saying..

And I know they send out the letter making him aware.. hopefully he dose nothing.. or ill have to get his permission I only sate this because that is still a concern against my mission..

And I went to the reg. web site.. and look at this.. too just saying..

A Claim of Paternity may be filed at any time prior to the child's birth BUT a claim of paternity may

not be filed after the date a petition is filed for termination of parental rights.

6) STEPCHILD, RELATIVE, AND ADULT ADOPTIONS.—Petitions for the adoption of a stepchild, a relative, or an adult shall not require the filing of a separate judgment or separate proceeding terminating parental rights pending adoption. The final judgment of adoption shall have the effect of terminating parental rights simultaneously with the granting of the decree of adoption. < when I serch about it more

Quote:

Originally Posted by danika86

There is a motion in contempt for the father is it a bad idea to bring up adoption to jugde then. And pos get him to sign that day ...?

You can inform the judge your husband plans on seeking an adoption, but you need to submit a properly prepared petition as a separate proceeding.

Quote:

Originally Posted by danika86

LOOK AT THIS GENTLEMEN //QUOTE QUOTE I LOOKED UP adoption laws in florida.. and foudn this..

For example, although there are exceptions, an unmarried biological father must register his paternity with Florida’s Putative Father Registry; otherwise, the court will not require his consent before proceeding to complete an adoption plan.
.

No, this is the problem with looking up laws out of context or without understanding. It appears your child has a legal father. Otherwise there would be no support order or contempt hearing. What you quoted above applies only if there is no known legal father.

Quote:

Originally Posted by danika86

and i went to the reg. web site.. and look at this.. too just saying..

A Claim of Paternity may be filed at any time prior to the child's birth BUT a claim of paternity may

not be filed after the date a petition is filed for termination of parental rights.

Again, you are past the time for a Claim of Paternity since your child has a legal father.

Quote:

Originally Posted by danika86

6) STEPCHILD, RELATIVE, AND ADULT ADOPTIONS.—Petitions for the adoption of a stepchild, a relative, or an adult shall not require the filing of a separate judgment or separate proceeding terminating parental rights pending adoption. The final judgment of adoption shall have the effect of terminating parental rights simultaneously with the granting of the decree of adoption. < when i serch about it more

Yes, that's why we advised going for the adoption since it accomplishes all your goals in one package. Also, I doubt if the bio father will fight it since it frees him from his support obligation.