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!)