Legal Question in Family Law in Florida

Gaining custody of a mis-handled child,

I am a concerned friend of a mis-handled baby boy. The boy was my brothers son, until paternity tests indicated he was not the father. The mother lives in Florida with the child and her current boyfriend who is abusive to the child. The mother is also abusing the child by not giving him the proper love and attention, along with the fact that she continues to live in such an abusive environment. The mother has not and is unable to hold down a job , due to complications concerning immigration. My question is how can I begin to go about a legal adoption of this boy? I lived with the baby boy for 1 of his 3 years of life.I lived with my brother and the mother during the pregnancy and the year following. Hence my interest in adopting this adorable boy.


Asked on 12/28/00, 1:53 pm

2 Answers from Attorneys
Beverly Muller Beverly Sharps Muller, Esquire

Re: Gaining custody of a mis-handled child,

hi - i believe that you would have to file the complaint for adoption in florida, if that is where the child resides. you should probably contact a lawyer there who does contested adoptions. good luck !

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Answered on 1/03/01, 5:51 pm
Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: Gaining custody of a mis-handled child,

If this boy is being abused, then the first thing you should do is contact HRS to report this abuse and call the police. If it is found that this boy is not being properly cared for then he will be taken from his mother. Where is the father? The child may be given to the father if it is in the best interest of the child. Your adoption success would depend on the case for abuse. If she was found to be a fit mother and no abuse, then you won't have a chance in adopting. On the other hand, if abuse and problems and no father then you may have a chance.

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Answered on 12/31/00, 11:44 am


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