Putative Father Consent Needed if Child Conceived During Lewd and Lascivious Battery

[soontobegrandma]

My question involves paternity law for the State of: Florida

My 14 year old daughter is pregnant by a 20 year old man. The Putative father pleaded with us not to call the police, promised he would "be there", but has since left the picture. I understand this is lewd and lascivious battery s.s. 800.04(4) a 2nd degree felony with a maximum of 15 years. The father also is waiting pre-trial for sale of a controlled substance 893.13(1)(a)(1) and possession of marijuana 893.13(6)(b). In the best interest of the child, and our daughter's consent, my husband and I would like to adopt the baby once it is born. Am I correct in my interpretation of Adoption law 63.082(1)(d):

"The notice and consent provisions of this chapter as they relate to the birth of a child or to legal fathers do not apply in cases in which the child is conceived as a result of a violation of the criminal laws of this or another state, including, but not limited to, sexual battery, unlawful sexual activity with certain minors under s. 794.05, lewd acts perpetrated upon a minor, or incest."

to mean that we do NOT need his consent at ALL to adopt the baby once it is born? Does he need to be convicted or just charged? Or does the fact that she is only 14 already "prove" that "the child is conceived as a result of a violation of the criminal laws of this or another state"?

Could/should he sign an Affidavit of Non-Paternity, or is this not needed in this case?
Also, do we need a Family Lawyer, an Adoption Lawyer or just the D.A.'s Office to proceed? Any legal help would be very appreciated.

[Dogmatique]

While the child is proof (once paternity is established) that something occurred, he'd still need to be convicted.

In all honesty, if it were me I'd be filing a report IMMEDIATELY. This is a grown adult who has abused your child. Let the criminal justice system take its course, and it will make the adoption infinitely easier

[soontobegrandma]

If we file a report, and paternity is then established, doesn't that give him automatic rights to the child? Couldn't he then fight for custody/visitation and contest/prevent the adoption?

[aardvarc]

No, establishment of paternity alone does not confer rights - it only establishes that he has standing to SEEK rights. The unmarried father would still have to petition the courts to establish and enumerate rights - which isn't going to happen in any courtroom in FL under the circumstances.

[Dogmatique]

Agreed.

FL has perhaps the strictest laws - and the most strictly enforced laws - regarding underage sex in the country. It's simply not likely at all that this man will end up with any parental rights. Besides, it's difficult to exercise any rights from behind bars.

(No, I'm truly not being flippant)

[soontobegrandma]

Would my daughter be able to gain sole custody of the child without visitation rights for the father if we do not adopt the child? I think it would be better if we still adopt the child, since she's only 14, but would this be a possibility?

[aardvarc]

Would my daughter be able to gain sole custody of the child without visitation rights for the father if we do not adopt the child? I think it would be better if we still adopt the child, since she's only 14, but would this be a possibility?

The way things stand today, your daughter already HAS sole custody. For children born outside of marriage, there is only one legal parent, the mother .... UNTIL another parent is established, either by signing the birth certificate, signing an acknowledgement of paternity, or via one of several different court scenarios. Also, as things stand today, the father doesn't have visitation or any other rights, and you can be reasonably certain that he won't be getting any.

An adoption by grandparents in cases like these can have pros; (mostly immediate) from financial impacts, tax deductions, ability to get insurance, access to benefits, as well as cons; (mostly longer term) such as the child being raised in a non-traditional environment, having parents MUCH older than their peers, and similar issues which often don't appear until further along in the child's life. The adoption aspect isn't something that needs to be addressed immediately, and since your daughter is still in the picture as the child's mother, I'd strongly suggest that you work to get some good, well-rounded, views of the pros/cons from other families who have been in similar circumstances. There are a multitule of adoptive parent websites out there, and you may benefit from hearing from other moms and dads who have stepped in to adopt their grandchildren, as well as from grown adults who were adopted by their grandparents (how will they view their mother), before you and your daughter make the decision.

[Dogmatique]

Yes, that's possible.

She is by default the sole legal parent until a court awards Dad some form of custody even though she's only 14 and would not have to allow any contact at all without a court order.

[soontobegrandma]

I did not think of all of the pros/cons to the adoption, thank you, I will do some research on that.
Do we contact a Family Lawyer or does the D.A.'s Office handle all of this? Does it cost us money for the D.A.'s office? Do we have to wait until the child is born so paternity can be established? Or do they start the charges before that is determined? Any information on how to proceed would be appreciated. Thank you so much for your responses so far.

[aardvarc]

Do we contact a Family Lawyer or does the D.A.'s Office handle all of this?

The state, in the form of the DAs office, will handle the parts that relate to the criminal charges. A family attorney should be consulted about aspects of adoption, should you choose or want to further explore that route.

Does it cost us money for the D.A.'s office?

Just the tax dollars you already pay =) The DAs office pursues criminal cases on behalf of all members of society, not just the immediate victim, so the victim's role in a criminal case is that of a witness and the state takes care of the prosecution. You should also be aware that most of the DA offices in Florida have a victim advocate on staff, and this person can help walk you through the various steps of the prosecution process, the sentencing process, what to expect as far as punishments if there is a conviction, and can aid in applying for crime victim compensation (for things like counseling, STD testing, etc.)

Do we have to wait until the child is born so paternity can be established?

Typically, yes - unless there is some urgent medical reason (such as suspicion of a dangerous genetic problem), then yes, it's generally considered too risky to perform paternity testing until birth.

Or do they start the charges before that is determined?

Yes, they can absolutely start a criminal case before the baby arrives. The crime is the unlawful sex, and that could be prosecuted even without the pregnancy.