Florida Step-Parent Adoption - Termination of Parental Right by Proving Abandonment

[GoodLuckLove]

My question involves adoption law for the State of: FLORIDA

My husband and I where married on January 23, 2010. He would like to adopt my 2 and half year old son. His biological father and I where together for 1 year after the child's birth. Since then he has made no financial offers for my child and saw him on and off for a few months after we broke up (where never married/seperated Octo 2008).
The biological father has not seen my son since April of 2009. Four-Five months ago (September/October) I filed a police report for verbal harassment and the biological father was instructed to not contact me any further unless by attorney to set up visitation. We have not heard from him since.

My husband has taken care of my son every day since November of 2008.
The biological father is a convicted felon on a drug charge and there is witnesses to testify about mental/verbal abuse the entire relationship.
Do we have a chance in terminating his parental rights by proving abandonement?

[Dogmatique]

Has Dad legally been established as Dad?

Are there any current court orders?

[GoodLuckLove]

the biological father has been established as bio dad by paternity test ordered when i filed for child support in march of 2009
there is no court order for child support or visitation/custody

[Dogmatique]

You filed for support in Mar 09 but there is no order for support?

[GoodLuckLove]

Yes Sir, they gave us a timeline of 6 months to a year before any order could be established. We where thinking it might be a good idea to cancel our paperwork for child support since we are seeking the termination of his parental rights. We are just concerned with whether we have a case of abandonment or not.

[Dogmatique]

Yes Sir, they gave us a timeline of 6 months to a year before any order could be established. We where thinking it might be a good idea to cancel our paperwork for child support since we are seeking the termination of his parental rights. We are just concerned with whether we have a case of abandonment or not.

Run this by an attorney - it could easily be argued that Dad isn't obliged to support the child without a court order, thus you can't hold non-support against him.

Ideally, you'd have the orders in place first - then when Dad has no contact and doesn't pay, your petition for abandonment becomes much easier to accomplish.

(That is, by the way, an inordinately long time to establish a child support order!)

[GoodLuckLove]

is he not morally obligated to pay for the child whether an order is in place or not? Would that weigh in a court at all or is it a pretty black and white no order no obligation type deal in a court?

We spoke to an attorney and we where told that the bio dad not paying anything was the biggest thing we have on our side along with his not getting any court order for visitation. He told us he cant guarantee anything or give us even a speculation percentage of our possibility of being awarded the adoption but he said it looked to be about 50/50. He could see both sides of the argument.

[Baystategirl]

Also there is a RO preventing contact. Dad can't LEGALLY contact his child and because of that an abandonment finding should not be issued.

[Dogmatique]

is he not morally obligated to pay for the child whether an order is in place or not? Would that weigh in a court at all or is it a pretty black and white no order no obligation type deal in a court?

Morally is not legally.

This is about legalities.

We spoke to an attorney and we where told that the bio dad not paying anything was the biggest thing we have on our side along with his not getting any court order for visitation. He told us he cant guarantee anything or give us even a speculation percentage of our possibility of being awarded the adoption but he said it looked to be about 50/50. He could see both sides of the argument.

Dad isn't obliged to pay anything without a court order.

Also there is a RO preventing contact. Dad can't LEGALLY contact his child and because of that an abandonment finding should not be issued.

Absolutely!

[GoodLuckLove]

He was told to have me contacted by an attorney/some other method to establish visitation. Does it not say anything that he hasnt made any attempt to see his child. He was only instructed four months ago to not contact me; he hasnt seen my son since April of 09.

My son also has constant contact with the bio dads mother, grandparents and sister/brother in law.