Legal Question in Family Law in Florida
My fiancee would like to sign over his parental rights of his 5 year old son to the caretakers in PA who have had his son all of his life. The mother abandoned the child with the caretakers while the father was incarcerated in FL - he has never met his son, as the birth took place shortly after he was incarcerated..didn't even know he was a father until the baby was 2 years old!
He believes the child should stay with the caretakers since they are the only "real" parents the child knows and the caretakers would love to officially adopt so they can legally handle the boy's affairs, and have him become a permanent member of the family, etc. The mother, who is in NY doesn't want to give up her rights - that's a whole other story.
Trouble is - the caretakers are also engaging in other adoption efforts and supporting other foster children. Right now, they don't have the cash to start the adoption process on their end quite yet with the help of a lawyer in PA.
Question is...Because both parties definately want this sign-over to happen between two different states, is there something the father in FL can do to start the process on his end that would assist in sharing the burden of the adoption process rather than placing it all on the caretakers to petition first? The caretakers and father would like to work collaboratively, with minimal use of a lawyer to at least have his rights terminated and then they can worry about fighting with the mother at a different time. Second question...Would the mother have to agree to the father alone siging off his rights?
The father and caretakers would love to have this take place with the minimal cost possible and as quickly as possible even if they have to figure it out mostly on their own. Both feel as though it's in the best interest of the child and without going into details; both believe a judge would feel the same way and honor their request.
Thank you for your assistance.
1 Answer from Attorneys
Hi. I think you should post this question under PA law. I assume there are documents that would need to be filed in PA court regarding the termination of rights by the father. A PA attorney can tell you what needs to be done by the father to terminate his rights under PA law. This would not be a Florida issue.
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