Adopting My Stepson

[Nitaorn]

My question involves a child custody case from the State of: Florida

I am the wife of a man who has full custody of his son, and I want to adopt my stepson. We have taken full care of him since he was the age of two (now 7 1/2) and he has not seen his biological mother since we picked him up for a visit and she didnt return or answer our calls for a month. In 2006 my husband was awarded full custody of his son and the biological mother didnt show up to the final court date. In the beginning of court, the Judge requested a CFI (Child facilitator Investigator) to do complete investigations of both parties in order to determine the best placement for the child. The CFI recommended that my husband would be sole custodian of him and make all decisions for him. The Judge agreed. In the report it stated that the biological mother could eventually get visitation if she could comply with the courts stipulations. She would have to complete hair folicle drug testing and parenting classes to start the process of seeing him. Since the court date, she has made no attempt to contact us or comply with the requirements. She was also ordered to pay child support (50.00 per month) and has never made a payment. We just moved to Florida from Colorado and I want to adopt my son legally. Im already his mom but I want to know should something ever happen to his dad that he could be with me. I know that if I ask her to give up her rights, she will refuse.

[jmjens2]

Do you know where the mother lives?
My ex gave up his rights when he was faced with jail time for not paying child support.
You could try to pursue the collection of the child support, work with the state that she lives in to see if they will arrest her for not paying support.
When faced with jail or signing away rights to child she does't know, she may just sign away the rights.
You could always ask. She may surprise you and just sign the paperwork.

Talk to a lawyer. An uncontested step-parent adoption can run around $1500 or more.
But that depends on how much work the lawyer does.

Good luck!

[NdK1009]

When was the last time that she saw your stepson? You may qualify for an involuntary termination of parental rights based upon adoption, which would allow you to then adopt him. Assuming my research is correct, the relevant statute is 39.806 (http://www.leg.state.fl.us/statuTes/...039/Sec806.HTM). The definition of abandonment is

39.01
1) "Abandoned" or "abandonment" 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, while being able, makes no provision for the child's support and has failed to establish or maintain a substantial and positive relationship with the child. For purposes of this subsection, "establish or maintain a substantial and positive relationship" includes, but is not limited to, frequent and regular contact with the child through frequent and regular visitation or frequent and regular communication to or with the child, and the exercise of parental rights and responsibilities. Marginal efforts and incidental or token visits or communications are not sufficient to establish or maintain a substantial and positive relationship with a child. The term does not include a surrendered 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.

If you think this applies to your situation, then I would recommend consulting with an attorney. I don't know what type of information you'll need; I assume the burden of proof will be on her end (she'll have to show that she interacts with your stepson). I hope this helps.

[Xena]

You and your husband should get a consult with a local adoption attorney. You can get a low cost consult by calling the Florida Bar Lawyer Refferal Service at 1-800-342-8011, or online at:
http://www.floridabar.org/divpgm/lro...rral6?OpenForm

[Nitaorn]

Hello and thank you for replying. The last time she saw my son was Feb of 2006, my husband went through court and was awarded full custody in Dec of 2006. She still lives in Colorado as far as we know but we moved to Florida with my son. Im really wanting to persue this as soon as possible. Makes life easier and so we dont have those akward moments when at the doctors or school ect.

[Nitaorn]

Yes, she lives in Colorado and up until we moved she lived maybe 15 min from us. She has never made any attempts to see him since Feb 2006. Im not worried about the unpaid child support. She is on welfare last we heard because we had to cover the whole bill from the court and CFI (2600.00)She also has 3 other children and its just been a mess up until 2006. Thanks for replying. Any info will help!

[Xena]

Yes, she lives in Colorado and up until we moved she lived maybe 15 min from us. She has never made any attempts to see him since Feb 2006. Im not worried about the unpaid child support. She is on welfare last we heard because we had to cover the whole bill from the court and CFI (2600.00)She also has 3 other children and its just been a mess up until 2006. Thanks for replying. Any info will help!

How long ago did you move to FL?

Did your husband notify his ex and the court of the move?