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.