Step-Parent Adoption

**ruthiefaith** · 09-30-2009, 07:38 AM

My question involves adoption law for the State of: FLORIDA

I have a quick question concerning step-parent adoption. Well, two actually.

First, my husband and I have raised my daughter together for three years, during which time her biological father has had no contact, but has paid child support and lives in Germany (Army service member). My husband and I have started the step-parent adoption process and my ex has consented to the adoption, relinquishing his parental rights. All the forms are signed and he has been very cooperative (thank God). My question is, during the hearing where his parental rights are terminated, must he appear in court? I assumed that the waiver that he signed was sufficient, it never occured to me that he may actually have to fly all the way to Florida for a court hearing. My fear is that he may be less cooperative if he received that news.

Secondly, my husband is currently on his way to Iraq and will be there in two months. In the event that his court hearing for the adoption is scheduled during his overseas deployment, is there any way around him actually appearing in court, i.e. a power of attorney, etc?

We cannot really afford a lawyer and are attempting the process entirely pro-se, but it seems a bit daunting...

**Xena** · 09-30-2009, 01:41 PM

Quoting ruthiefaith

My question involves adoption law for the State of: FLORIDA

I have a quick question concerning step-parent adoption. Well, two actually.

First, my husband and I have raised my daughter together for three years, during which time her biological father has had no contact, but has paid child support and lives in Germany (Army service member). My husband and I have started the step-parent adoption process and my ex has consented to the adoption, relinquishing his parental rights. All the forms are signed and he has been very cooperative (thank God). My question is, during the hearing where his parental rights are terminated, must he appear in court? I assumed that the waiver that he signed was sufficient, it never occured to me that he may actually have to fly all the way to Florida for a court hearing. My fear is that he may be less cooperative if he received that news.

Secondly, my husband is currently on his way to Iraq and will be there in two months. In the event that his court hearing for the adoption is scheduled during his overseas deployment, is there any way around him actually appearing in court, i.e. a power of attorney, etc?

We cannot really afford a lawyer and are attempting the process entirely pro-se, but it seems a bit daunting...

This is really something that you should speak to an attorney about. You can get a low cost (about $25) consult by calling the Florida Bar Lawyer Refferal Service at 1-800-342-8011.

**Mr. Knowitall** · 09-30-2009, 02:23 PM

The biological father does not have to appear in court. But make sure all the paperwork is in order (proof of service, consent to adoption, etc.)

Check with the judge's clerk to see if your spouse might be allowed to appear by phone if he's deployed before the court date.

**Catnapper** · 10-01-2009, 05:21 PM

I have a similar problem, hope someone can help.

My husband and I are adopting our neice. She has lived with us now for about 3 years now in California. We started the adoption about a year ago, and we are almost done. It's been a nightmare! There is one last thing: We need to find and inform the biological father of the adoption. The Problem: The mother (my sister-in-law) was a drug addict living some where in Washington on the street most of the time. She was diagnosed with breast cancer 2 years ago and since then has passed on. The birth certificate shows "Father Unknown". She never disclosed who the father was nor do we believe she knew.
Anyways how do I go about finding information or what form needs to be filed with the courts for something like this. We cannot afford a lawyer at this time and am trying to do this myself. Thanks for any suggestions

**mrshiggins** · 10-01-2009, 05:35 PM

maybe publish it in the newspapers that are court approved... that's what you do when you can't find the other parent... don't know if this will suffice, but it's worth a shot! then you file the papers with the court that you published it in the paper. you can also talk with a free legal aid or facilitators office!!!