Legal Question in Family Law in Florida

Custody of 2-year-old daughter

My ex has not seen our daughter for almost two years, and before that, visitation was minimal due to him not wanting to help with our child. I am now married and my husband would like to file for adoption of my daughter. My ex has never paid a dime of child support and I never filed for any because I didn't want him to have any court-ordered rights, but now that he knows someone else wants to adopt her, is trying to meddle in our lives with harrassing texts, etc. He is living in a house with a non-convicted child rapist, his stepfather, and I will go to jail before letting him have her in that house. How do I go about adopting her and are documents like his blogs defacing me and talking about suicide and hurting other people permissable in court?


Asked on 9/18/07, 7:03 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Custody of 2-year-old daughter

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Anything that your ex publishes to a public sight might be admissable in court. The question is relevance but it can probably be used to show his state of mind and perhaps lack of mental stability. You can not adopt your own daughter.

You can file a Petition for Termination of Patental Rights alleging all you have in this fact pattern and presumably more. Based on the complexity of the matter and your location, you will probably require the aid of an attorney. The court will listen to testimony and review all evidence of both parties (if he contests your motion) and then make a determination. If granted, your husband can then file for a stepparent adoption.

Scott R. Jay, Esq.

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Answered on 9/18/07, 10:21 pm


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