Thanks for your reply Belize. Your observation is very accurate. The adoption failed to be ruled on by the court with jurisdiction due to inactivity by the petitioning party and therefore this matter has been “pending” as the family court has referred to it. How any matter before the judicial system “pend” in limbo so long? Especially when statutory guidelines are explicit on the amount of time (not more than 6 months) from initial petition filing to disposition. I'd like to follow up on your question of my next move.
(1) Establish that I'm no idiot.
(2) Establish that nothing was signed without diligent research as to the validity, responsibilities of each party involved, and the overall affect the outcome of participation weighs on the participants involved.
(3) Establish that forcing court ordered child support and other economic sanctions on a non-custodial parent that has been solicited by the custodial parent through an attorney who is a member of the Bar Association is improper and reason for torte if the non-custodial parent executed an agreement under current law that provides the consenting parent certain protections from continuing liability should protocol and "procedure" not be strictly adhered to by the intermediary (attorney for the prospective adoptive parent), the Department (if involved), and the custodial parent stipulating consent for adoption by their spouse (known as stepparent adoption in Florida).
(4) Establish that it is common and mostly typical in adoption matters that a parent that has executed CONSENT FOR ADOPTION has waived the right to be notified as to the progress of said adoption with the exceptions of abandonment of adoption proceedings whether by parental withdrawal, Department findings that the prospective adoptive parent is not a fit and proper person to accept responsibility for the minor placed for adoption (if the Dept. of Children and Families is involved), or lack of diligence by the intermediary for failing to keep the court with jurisdiction duly advised of the status or relevant information affecting the efficient and legal establishment of a parent and child relationship granting the rights and privileges of a natural heir or child to the minor placed for adoption.
Response to:
(1) I believe it’s fair to say this one is resolved.
(2) Before I signed any document submitted to me by the intermediary I researched the adoption laws of Florida utilizing approved reference material contained in West Law. Further, I asked the attorney who represented me in my divorce (who is now a judge) as to my rights, responsibilities, and if in his opinion, knowing the specifics of my divorce and the history of my ex-wife’s malicious refusal to comply with numerous court orders to surrender the child for visitation and other occasions such as holidays, family functions, and special occasions, etc., if it would be in the best interest of the child if I agreed to the consent. We both agreed the history of adversarial conduct between my ex-wife and myself alone is reason enough for me to consent. After all, is it in the best interest of the child hearing mommy call daddy an “******* for spending more time at work than at home with his family” and “your father is just an *******. He thinks he’s still in the military”? You see, the general consensus was constant from every source I turned for credible advice. I admit, I worked a lot when my son was young. I was the sole source of income in the house. I admit, most of the disciplines I was taught in the service is a major influence in how I live my life. So what do you think? Should the child be raised on vituperations maliciously and spitefully spooned to him from his mother and her mother? I don’t think he should. In fact, I believe her chronic animosity and the loose manner in which she relates to me in the presence of the child is counterproductive to his development and promotes feelings of inadequacies in the child because mommy is calling “half of me” an *******. Consent was my only logical choice.
(3) Florida Legislature and Florida law provides when a non-custodial parent executes consent for adoption he/she must be informed that he/she is voluntarily relinquishing all rights and responsibilities to the minor child to be adopted and that notification of any proceedings are thereby waived and no other attempts to contact or notify the parent shall be ordered. Keywords and phrases here: executes (by legal definition meaning laying hand to), must be informed (by legal definition meaning advised of the consequences of execution), relinquishing all rights and responsibilities to the minor child to be adopted (self explanatory), any proceedings are thereby waived (also a no brainer). After many years of continuing to pay support because I never received notification from the court granting or denying the adoption, I stopped when a deputy friend looked at copies of the consent I signed and called me “stupid” for paying out support when legally I was not obligated.
(4) As for defenses regarding my reasoning to discontinue CP and query challenge the “show cause” I refer you back to #3. Further it is clear that the intermediary, the mother, and the prospective adoptive parent is violated the law by allowing this matter to go unattended also for failure to keep the family court informed as to matters relating to this cause. I refer you to Florida Statue 63.039 Duty of adoption entity to prospective adoptive parents; sanctions.
(5) Conclusion: The facts are the facts. The resulting damages to me AND my son are irreparable on a multitude of levels. But do you think the Florida Department of Revenue Child Support Enforcement will admit they erred? Of course not. It leaves them open to malpractice and malfeasance litigation (Florida does not absolve any entity for gross negligence) that has certainly crossed the line into criminal waters due to the D.O.R. A.S.A. having all the facts in the matter yet failing to (1) Solicit an opinion from the Attorney General of this state as to the state’s official interpretation of all positions of defense brought by the respondent (that’s me), (2) The state attorney representing D.O.R. diligently researching current law to stipulate or challenge the respondent’s argument. My case is unique and certainly my defense is unimpeachable due to the fact I acted appropriately and fulfilled my responsibilities concerning this matter. Also, like you pointed out in your reply, “YOU stopped paying a legal debt. That was mistake number two.”, this is the exact statement D.O.R. and the judge made. Here is the reason they have not submitted….early on in this case I was arrested for “failure to pay child support”. A “legal debt” (meaning cash payment or other valuable goods for…) is exactly what it is if I were in fact obligated to pay it. The Constitution of the United States of America and the Constitution of the State of Florida guaranties “no citizen shall be jailed for any monetary debt whether it be public or private”. Hmmmmm…I’m sure somewhere in this country someone else has made this argument and it was squashed. Because ruling in favor of the party making this assertion opens the flood gates to massive charges of violations of people’s civil rights by every state that has incarcerated individuals for not paying child support. Now we can’t have that can we? Your ball…
