Ask Experts Questions for FREE Help !
Ask
    gkraver's Avatar
    gkraver Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Jul 21, 2011, 07:21 PM
    I have a 5 year old daughter, her father who was never married to me left us about 3
    I have a 5 year old daughter, her father who was never married to me left us about 3 years ago. The department of child support just found him and we are getting penuts and is behind over 10k in support. He has not seen my daughter and she doesn't know who he is. My fiancée is who she recognized as her father and he wishes to adopt her. How can I terminate his rights and have my soon to be husband adopt her?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
    		  
    #2

    Jul 21, 2011, 07:55 PM

    He has to agree to the adoption. Have you contacted a good family attorney to help you with this? You cannot terminate his rights - he must agree to this. You should also be married for at least a year before he can adopt her as well.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #3

    Jul 21, 2011, 07:57 PM

    You have the ex sign the paper work your attorney fills out signing over his rights, since any new support ends if he does, he should be glad to.
    gkraver's Avatar
    gkraver Posts: 3, Reputation: 1
    New Member
    		  
    #4

    Jul 21, 2011, 07:59 PM
    By the way I'm in Florida, Miami dade county. I heard you could use abandonment since he is missing in action so to speak.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #5

    Jul 21, 2011, 08:17 PM

    He will still have to be served, and it is a lot faster and a lot cheaper if he will just sign, The fact he has paid some support each payment is considered normally as a contact,

    Also they will normally wish to see you married and married for about a year before the filing for adoption.

    Abandonment ( as a word, the legal use or criminal charge is another issue) is used for custody issues and would more be used for you to change the custody agreement, take away court ordered visitation and the such, not normally for adoption. It can be used, but normally at that point you don't know where he is. But it can be tried, if he is served court papers and he does not appear ( just blows off the court) they will or perhaps consider it.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #6

    Jul 22, 2011, 03:27 AM

    You heard wrong. While abandonment MIGHT be used as grounds if you can't find the father, that's not the case here. An adoption requires the agreement of both parents. Or a good faith effort needs to be made to find the other parent for their agreement.

    I'm not sure what the problem is here. You know where he is. I'm sure he would love to get out of paying support which is what will happen when the adoption is approved. So why would he not agree?

    You need an attorney to prepare the adoption petition. The attorney will prepare the paperwork for the bio father to sign. This should not be a big deal.
    gkraver's Avatar
    gkraver Posts: 3, Reputation: 1
    New Member
    		  
    #7

    Jul 22, 2011, 06:47 AM
    Actually I don't know where he is, all I know is that $75 a month gets sent to me from the child support enforcement agency from him. There had been zero contact since he left.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #8

    Jul 22, 2011, 03:31 PM
    Quote Originally Posted by gkraver View Post
    Actually I don't know where he is, all I know is that $75 a month gets sent to me from the child support enforcement agency from him. There had been zero contact since he left.
    But his whereabouts are known, so your attorney should be able to find him.
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!

I am the primary custody person for my daughter and her father left her home alone [ 4 Answers ]

I have primary full custody and her father sees her everyother weekend. This morning I found out that my daughter was home alone being watched by a 9 year old. My daughter is 7. I happened to call to ask a question this morning and the little girl answered the phone and my daughter got on and told...

My Deceased father left his IRA to my 6 year old daughter. [ 6 Answers ]

What are the options for her money, will I be able to access it for her? Say she gets sick or something will we I be able as the parent to access it? What are the laws in that? Will I have to lock it away till she is 18?

My 15 year old daughter left home to live with her dad. [ 3 Answers ]

My 15 year old daughter left home to live with her dad. She said she hates me and doesn't talk to me at all unless she needs money for something. I have rules at my house and she didn't want to follow them. She gets to do whatever she wants at his house. He's never home any way and I now find...

My father left us when I was only one year old. How can we find out if he has filed [ 3 Answers ]

I am 47 years old, and my mother asked if I knew how she could find out if she was devorced. My father left when I was one year old and we have no idea where he is today. Where would I begin ?

Daughter born, married but not to baby's father [ 5 Answers ]

I am having a baby in North Dakota and I don't know what I should but on the birth certificate. I am married but have been separated for some time, planning on divorce. I am pregnant with another mans child and will deliver soon. Can I put this other man on my child's birth certificate. What do...

View more questions Search