Legal Question in Family Law in Florida

Abandonment/ Step parent adoption

We attempted a step parent adoption with my husband and my 16 month old daughter. The biological father contested it stating that he is able to support my daughter and has interest in her. He accussed me of not allowing him to see her because I had my phone number changed because he and his sister were harassing me on my previous number. He does have my mom's phone number and my e mail address which he has contacted me on before. He has not been involved with her since she was 2months old. He is not paying his court ordered amount of child support and has already had 3 late notices served to him. He does not work at the employer he stated at during the court hearing and he frequently changes jobs every couple of months.He also has not contacted me once to see my daughter since the child support was ordered. Is there a chance that we could win a contested step parent adoption on grounds of abandonment?


Asked on 2/13/08, 11:22 am

1 Answer from Attorneys

Re: Abandonment/ Step parent adoption

I believe it would be difficult to terminate the father's parental rights under the facts your presented.

1. The child is relatively young so a track record of abandonment will be difficult to present to the court.

2. Father, although delinquent appears to have provided some child support.

3. The animosity between the two of you would put you in the difficult position of convincing the court you want the father's rights terminated to benefit your daughter, rather than yourself.

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Answered on 2/15/08, 9:35 am


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