Florida Step-Parent Adoption/Forfieture of Parental Rights

[jje85224]

What is the name of your state? FLORIDA....this is the birth state.

Here is my situation.

an ex of mine had a child out of wedlock and claims the child is mine. she wants here current husband to be able to adopt the child as his and wants me to give up all paternal rights. i have never signed a birth certificate or been proven as the actual father of this child.

Facts -

--The child was born in Florida - Okaloosa county, October 1, 2003
--She was married and had a divorce that was final the following november. She states that in the divorce decree it says "he is not the father and that no visitation will be saught and no child support will be requested."
--There is no name on the birth certificate
--She lives in san antonio texas now and i live in phoenix AZ
--Her current husband would like to adopt the child as his own and take gain full paternal rights and responsibilities.

My Questions-

1. What involvement is needed from me for him to be able to gain paternal rights and responsibilities?
2. what is the process we would have to take to get this completed?
3. is there any legal documents that i can have her sign stating she will not seek child support from me even if i am found to be the biological father? Will a typed document/contract suffice?
4. If I were found to be the biological father and the adoption process was completed would I still be held responsible for child support.
5. Should I consult a family law attorney in my state or florida or texas.

Please let me know if you have any questions

 

[Ohiogal]

My Questions-

1. What involvement is needed from me for him to be able to gain paternal rights and responsibilities?

You need to be determined to be the father and then voluntarily relinguish your rights AND stepdad has to continue through and complete the adoption of the child.

2. what is the process we would have to take to get this completed?

You really need to contact an attorney and have the guidance of an adoption attorney.

3. is there any legal documents that i can have her sign stating she will not seek child support from me even if i am found to be the biological father? Will a typed document/contract suffice?

Nope. Child support cannot be permanently waived -- if she ever got state assistance (welfare) you may be held responsible to pay it back as long as you are the legal father. If your rights are terminated she will not be able to get child support from you becuase you will no longer be the legal father.

4. Should I consult a family law attorney in my state or florida or texas.

You should contact an attorney who is familiar with adoption and family law in the state of residence of the child.

 

[jje85224]

More Questions

thank you....i am married now and have been trying to explain this to my wife. we were not sure on what needs to happen. my biggest question is ....

Is she able to do this without my involvement? Lets say if she didn't know where I was is their any loop holes such as time or when she was married to her current husband that would make this process easier. this child is almost 4 and I do not plan on contesting the adoption even if i was found to be the biological father.

 

[Ohiogal]

thank you....i am married now and have been trying to explain this to my wife. we were not sure on what needs to happen. my biggest question is ....

Is she able to do this without my involvement? Lets say if she didn't know where I was is their any loop holes such as time or when she was married to her current husband that would make this process easier. this child is almost 4 and I do not plan on contesting the adoption even if i was found to be the biological father.

Nope. She cannot do this without attempting to involve you. She needs to have you legally adjudicated to be the daddy and then proceed with the adoption. The easiest way for the adoption to occur is you voluntarily cooperate with them. She also needs to be married 1 year. As for not knowing where you are -- well she does apparently. And that would not make it easier if she didn't but more difficult.

 

[jje85224]

More Questions

Does my situation apply to Texas Family Code?

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§ 160.404. TERMINATION OF PARENTAL RIGHTS: FAILURE TO
REGISTER. The parental rights of a man alleged to be the father of
a child may be terminated without notice as provided by Section
161.002 if the man:
(1) did not timely register with the bureau of vital
statistics; and
(2) is not entitled to notice under Section 160.402 or
161.002.

If i do not register with the registry of paternity in a timely manner may my parental rights be terminated?

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160.402. REGISTRATION FOR NOTIFICATION. (a) Except as
otherwise provided by Subsection (b), a man who desires to be
notified of a proceeding for the adoption of or the termination of
parental rights regarding a child that he may have fathered may
register with the registry of paternity:
(1) before the birth of the child; or
(2) not later than the 31st day after the date of the
birth of the child.


Since I have not registered within this time frame will I be notified of the adoption proceding?
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§ 160.422. CERTIFICATE OF SEARCH OF REGISTRY.
(c) A petitioner must file the certificate of the results of
a search of the registry with the court before a proceeding for the
adoption of or termination of parental rights regarding a child may
be concluded.
(d) A search of the registry is not required if the only man
alleged to be the father of the child has signed a waiver of
interest in, or relinquishment of parental rights with regard to,
the child.


Does a signed waiver of interest void the need to search the registry?
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§ 161.109. REQUIREMENT OF PATERNITY REGISTRY
CERTIFICATE. (a) If an affidavit of status of child as provided by
this chapter states that the father of the child is unknown and no
probable father is known, a certificate from the bureau of vital
statistics signed by the registrar that a diligent search has been
made of the paternity registry maintained by the bureau and that a
registration has not been found pertaining to the father of the
child in question must be filed with the court before a trial on the
merits in the suit for termination may be held.
(b) In a proceeding to terminate parental rights in which
the alleged or probable father has not been personally served with
citation or signed an affidavit of relinquishment or an affidavit
of waiver of interest, the court may not terminate the parental
rights of the alleged or probable father, whether known or unknown,
unless a certificate from the bureau of vital statistics signed by
the registrar states that a diligent search has been made of the
paternity registry maintained by the bureau and that a filing or
registration has not been found pertaining to the father of the
child in question.

will the courts be able to terminate the parental
rights of the alleged or probable father if a waiver of interest is signed?

 

[LdiJ]

Get a consult with an adoption attorney in TX. I am not sure that you have to be adjudicated the father in order for them to proceed with an adoption in TX. Verify the facts with an adoption attorney in TX.