Criminals have more rights?

[scoobys_nurse]

What is the name of your state?FL.Help us please?My husband and I have
applied for a stepparent adoption and have gone to court in front of a judge
and was told that we had to fill out yet another paper for the biological father
who is in jail for 30 years for child molestation to his new family, so he can
have legal counsel if he chooses to fight this adoption. What I don't understand
is how come? He will never be able to be around children and even his own
(the children I had with him when we were married)want absolutely nothing
whatsoever to do with him. What about the rights of the children?This had
played a big emotional and psychological effect on the children and noone seems
to care because I hired a paralegal to help instead of an attorney.These are
my biological children and my husband was asked by them to legally be his.
My oldest of the four is going to be 17 and the judge stated that he could
change his name at 18. Does this mean he will not be able to enjoy the benefits
of having my husbands name on his birth certificate like my three youngest.This
has especially taken a toll on my oldest son. What is the big deal about this?
Why does a criminal have more rights than the children?He can't pay child
support,and has never been supportive. The children used to loathe going
to see him but would do it only to please their paternal biological grandmothe
who is now deceased. Again, how long does an adoption process take for
a stepparent when a biological father is in jail?Especially if it is done without
an attorney. Thank you.

 

[snostar]

Perhaps the better way to go about this is to file to terminate his parental rights first, then he will have no right to object to the adoption.

Fla. Stat. Ann. § 39.806 (West, WESTLAW through End of 2001 1st Reg. Sess.)

When the parent of a child is incarcerated in a
State or Federal correctional institution and the
period of time for which the parent is expected
to be incarcerated will constitute a substantial
portion of the period of time before the child
will attain the age of 18 years; the incarcerated
parent has been determined by the court to be a
violent career criminal, a habitual violent
felony offender, or a sexual predator; has been
convicted of first degree or second degree
murder, or a sexual battery that constitutes a
capital, life, or first degree felony violation;
has been convicted of an offense in another
jurisdiction which is a substantially similar
offense to one of the offenses listed in this
paragraph; the court determines by clear and
convincing evidence that continuing the parental
relationship with the incarcerated parent would
be harmful to the child and, for this reason,
that termination of the parental rights of the
incarcerated parent is in the best interest of
the child;

More information can be found at:
http://library.adoption.com/Termination-of-Parental-Rights/Grounds-for-Termination-of-Parental-Rights-Florida/article/8449/1.html

There are many other resources online concerning adoption statutes in FL, just do a search in google or yahoo.

 

[JETX]

What I don't understand
is how come?
Because, like it or not, he IS the childs biological father and has inherent rights.

These are
my biological children

And would you willingly allow YOUR biological parental rights to be terminated without due process of law?? Of course, not. Guess what?? The person that YOU chose to be the father of your children has the same rights as you do.

 

[scoobys_nurse]

termination of biological father rights

FL:Thank you for your help. How do I go about terminating the biological father's
rights?What paperwork do I need?

 

[JETX]

FL:Thank you for your help. How do I go about terminating the biological father's
rights?What paperwork do I need?

Complex issue. The paperwork you need is the yellow pages. Look up 'attorney'.

 

[scoobys_nurse]

Financially strapped due to bio father

FL: I appreciate the advice to look in the yellow pages for an attorney.However,
due to the bio father at the time of the divorce I was the one who got strapped
with his -repeat his-$78,000 debts. I am paying them off,along with my husband, who is a disabled veteran from the Persian Gulf war. My husband stays
home and participates in the children's upbringing and schooling and teaches
them what a young man is supposed to do, for instance, treating girls properly,
and being a decent human being. He is an honorable man who unfortunately
has a rod in his neck and was shot in the lower back. I work to support the
family of 6 and work enormous overtime trying to pay off the bio dad's debts
because he cried to the court at divorce time stating he was strapped and
needed help. Now he is in jail and in order to give my children peace of mind
and a home of their own (because we lost it during the dv when we were in
a shelter he foreclosed on it),I am working. I have never received,been offered,
or have been given any free cousel, state help of any kind. I worked fulltime
and went to school fulltime prior to meeting my husband and my children
have endured enough strain. So, yes, maybe I am bitter and angry that
this criminal has any rights at all. Everyone states how the children are
important and how their feelings count, yet here we go again, I am having
to pay again and again and again because of this ignoramus

 

[JETX]

And of course, 95% of your post is NOT relevant to the issue.
The ONLY relevant fact is... the process of terminating a biological parents rights is not simple or for the 'legal novice'. You will need the services of a competent local attorney. Either get one.... or accept the current status.

 

[scoobys_nurse]

Gotcha!!!

Fl: Thanks, Already Retained An Attorney Today After This Message.
Reality Is A Pain Sometimes,but One Must Do What Is Necessary.
Again, Thanks