[kenya_lamar]

I desire to adopt the biological son of my domestic partner. He is nearly two and has had no contact with his biological father since he was 6 months old. The biological father only initiated contact with the child twice, (once for about 5 mins the day after birth and the 2nd time was for about 45 mins when he asked us to let him see the baby so he could show him off to his gf) the remaining 4 times that he's seen his son was because we dropped by to ask him of his plans as far as fatherhood is concerned. Paternity has never been established, although he admits that he's the biological father to us, he won't admit it in court or on any legal documents. He has not signed the birth certificate or the putative father's registry either. In the state of Fl, second-parent adoptions are not allowed for lesbian couples, but my question is this; Fl statute provides for a termination of the putative father's rights if he has failed to satisfy the statutes requirements in a limited amount of time. Would it be possible to perform a diligent search of the registry, and terminate his rights in the state of Fl? We plan to move to Massachusetts where the adoption will be granted. If the Fl court does terminate his rights, is there a motion that can be filed to transfer jurisdiction, so that we don't have to wait the 6 months for the MA court to have jurisdiction over the case?

[Mr. Knowitall]

You can try to terminate his parental rights, but don't be surprised if a judge declines to do so where nobody is stepping into the role of the second parent.

39.01 - Definitions[/FONT]](1) "Abandoned" means a situation in which the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver responsible for the child's welfare, while being able, makes no provision for the child's support and makes no effort to communicate with the child, which situation is sufficient to evince a willful rejection of parental obligations. If the efforts of the parent or legal custodian, or caregiver primarily responsible for the child's welfare, to support and communicate with the child are, in the opinion of the court, only marginal efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned. The term "abandoned" does not include an abandoned newborn infant as described in s. 383.50, a "child in need of services" as defined in chapter 984, or a "family in need of services" as defined in chapter 984. The incarceration of a parent, legal custodian, or caregiver responsible for a child's welfare may support a finding of abandonment.

f Massachusetts imposes a six month residency requirement for adoption cases, expect to be stuck with it.