How Long Does a Step Parent Adoption Take Without Consent
My question involves adoption law for the State of: Florida
My child has not seen his biological father in over 4 years. I have received child support sporadically over the years. Only through garnishments of unemployment or the state enforcing it through threats of suspending his driving lisense. My husband and child who is 14 wants the adoption. How long will this adoption take if the biological father agrees? How long will it take if he does not agree and we go the route of proving abandoment? Do you think this falls under the law of abandoment?
Re: How Long Does a Step Parent Adoption Take with Out Consent
Usually child support is considered "contact", and would generally rule out abandonment.
I strongly recommend you speak with an adoption attorney; adoption is never a DIY project and even less so if it becomes contested.
It can take a matter of months if all are in agreement, or it could be halted indefinitely if it's contested.
Re: How Long Does a Step Parent Adoption Take with Out Consent
DIY project?
If the Child support over the past year was garnished from his unemployment only because child support enforcement took it ....would that still be considered "contact"?
Also does my childs age have any bearing?
Re: How Long Does a Step Parent Adoption Take with Out Consent
DIY as in "do it yourself" :)
From FL statute:
Quote:
Title V
JUDICIAL BRANCH Chapter 39
PROCEEDINGS RELATING TO CHILDREN
39.01 Definitions.--When used in this chapter, unless the context otherwise requires:
(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.
So while he hasn't made contact physically, he has provided financial support; the whys and hows don't really enter the equation.
Please speak with an attorney - honestly, it's your best bet.
Good luck!
Re: How Long Does a Step Parent Adoption Take with Out Consent
Get a consult with a local adoption attorney. You can get a low cost consult by calling the Florida Bar Lawyer Referral Service at 1-800-342-8011.