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  1. #1
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    Mar 2008
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    Default Adoption In Florida Where Bio Father May Contest

    I live in Florida and have a 18 month old daughter. Her father is not on the birth certificate but I know who he is. He has only seen her once. I am getting married and moving to Japan within the next year as my fiance is in the Marines. He would like to adopt my daughter before we go over to Japan, but I am afraid that the biological father will contest it and not give up his rights just to be a pain. Is there anyway around this or do we have to prove that he is an unfit parent in court? Any insight is greatly appreciated!! Thank you!!

  2. #2
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    Jul 2006
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    Florida
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    Default Re: Adoption In Florida Where Bio Father May Contest

    Quote Quoting lettkoespinoza
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    I live in Florida and have a 18 month old daughter. Her father is not on the birth certificate but I know who he is. He has only seen her once. I am getting married and moving to Japan within the next year as my fiance is in the Marines. He would like to adopt my daughter before we go over to Japan, but I am afraid that the biological father will contest it and not give up his rights just to be a pain. Is there anyway around this or do we have to prove that he is an unfit parent in court? Any insight is greatly appreciated!! Thank you!!
    First, you have to be married one year before adoption proceedings can even be filed. (My daughter and son-in-law are going through the same thing).

    Are there any court orders at all for CS, custody, etc that has established him to be the legal father?
    If there is, you'll have to notify him and the court of your plan to move out of the country. He will have the right to contest, so give notification ASAP to allow time to go to court if needed.

    If there aren't any court orders you are not under any LEGAL obligation to notify him of the move, however, please be aware that he can file in court after you move to have the child returned to establish paternity.

    The best thing to do for now is to get a consult with a local attorney to make sure you know exactly what to do in your situation. You can get a very low cost consult by calling the Florida Bar Lawyer Referral Service at 1-800-342-8011.

  3. #3
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    Mar 2008
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    Default Re: Adoption In Florida Where Bio Father May Contest

    He's not on the birth certificate but we both know that he is the father. We haven't had a paternity test done obviously but I'm afraid if we do, he'll try to keep me from moving with my husband. He's only seen her once and I really don't trust her with him. Is there anything I can do to "convince" him to give up his rights?

  4. #4
    Join Date
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    Florida
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    Default Re: Adoption In Florida Where Bio Father May Contest

    Quote Quoting lettkoespinoza
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    He's not on the birth certificate but we both know that he is the father. We haven't had a paternity test done obviously but I'm afraid if we do, he'll try to keep me from moving with my husband. He's only seen her once and I really don't trust her with him. Is there anything I can do to "convince" him to give up his rights?
    You can try letting him know that if he never files to establish paternity and allows you to move that he will never have to pay CS.

    However, even if he agrees, you both will always have the legal right to file to establish paternity, CS, etc.

  5. #5
    Join Date
    Mar 2008
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    Default Re: Adoption In Florida Where Bio Father May Contest

    Thanks I'll give that a try. His new girl friend is due in August so I think I'll wait until right after they have the baby to spring it on him. Thats when the stress of having a baby is the worst and he might be more open to other options with me. They also are not financially stable so I'm sure the thought of paying for 2 children instead of 1 will not be too appealing to him. Thanks again for all your help. I'll let you know how it turns out in a couple of months!!

  6. #6
    Join Date
    Mar 2008
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    22

    Default Re: Adoption In Florida Where Bio Father May Contest

    Ok so I tried to talk to the bio father about giving up his rights but he doesn't want to do it. I don't want his money and I know all he's going to do is disappoint my daughter. She doesn't know him and I don't feel comfortable with her with him without me. What kind of visitation is he going to have since she's so young and can he keep me from moving with my husband? Can I refuse to accept child support from him to keep him from seeing my daughter? His mother is really pushing things harder than he is too. Does she have any rights as a paternal grand parent? Any advice is appreciated. Thank you!

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