Termination of Parental Rights in Florida
My question involves a child custody case from the State of: Florida
My ex-husband and I had two children together. He is responsible for our youngest child's death in Nov. '03 (she was 11 months old). I legally separated from him in Feb. '03 after the incident that ultimately led to my daughter's death. He was incarcerated from May '03 until March of '06 because of what he did to my daughter (he should still be incarcerated now but the state of GA offered him a ridiculous plea deal and he plead guilty to involuntary manslaughter in Dec. 05 and only received five years - three served, two probation). Our divorce was finally official in June 2006 (it took a long time because of the other legal issues going on and his incarceration). I received sole custody and he has no visitation rights. He was ordered to pay $271/mo. in child support. I have received a total of four payments (he owes around $22k). He has not seen my oldest daughter (who is now 10) since May of '03 (when she was 22 months old) and from Feb. '03 - May '03 it was only 1 hr supervised each week.
I have been with my fiance since Oct. 2004. We have a child together and he has been the only daddy my daughter has ever known. He would like to adopt her and my question is...what all needs to happen for TPR on my ex-husband? Will it be any easier because of the history and him not ever attempting to file for visitation rights at any point? Will the fact that there will be a step parent willing to adopt make any difference?
I know that was kind of long winded but I think the history is an important factor in this case. Any advice is much appreciated!
Thanks!
Re: Termination of Parental Rights in Florida
Given that the State didn't terminate his rights involuntarily based upon his crime, it would appear that the only way to do a TPR would be as part of a stepparent adoption.
So get married, stay married for a year or so and then speak with an attorney.
I'm terribly sorry for your loss, too.
Re: Termination of Parental Rights in Florida
Thank you for taking the time to respond - I appreciate it!