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  1. #1
    Join Date
    Sep 2010
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    2

    Default 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?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default 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.

  3. #3
    Join Date
    Sep 2010
    Posts
    2

    Default 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?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: How Long Does a Step Parent Adoption Take with Out Consent

    DIY as in "do it yourself"

    From FL statute:

    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!

  5. #5
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default 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.

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