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Floridalegalanswer
Floridalegalanswer, Family Law Attorney
Category: Family Law
Satisfied Customers: 427
Experience:  I am an attorney licensed in Florida capable of answering your legal questions in the area of Florida Family Law
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I was recently married and my husband would like to adopt my

Resolved Question:

I was recently married and my husband would like to adopt my son (4 yrs old) and daughter (10 years old). My son's father is not listed on the birth certificate and paternity has never been established. He hasn't been involved since I became pregnant. I have no idea where he lives and no way to contact him. Can my husband adopt my son without notifying his biological father? My daughter's father has not called her or made any attempt to contact her since May 2012. He hasn't paid any court ordered child support since July 27,2012. Could I have his rights terminated so that my husband may adopt her?
Submitted: 1 year ago.
Category: Family Law
Expert:  Floridalegalanswer replied 1 year ago.

Floridalegalanswer :

Hi there!

Floridalegalanswer :

Generally, the biological father must be notified in order to proceed with an adoption.

Floridalegalanswer :

However, as and for motivation for the biological Father to voluntarily terminate his rights and agree to the adoption, you can sue him for the child support he should have been paying all along. Many times, this financial burden can be enough to sway his decision to agree to the adoption.

Floridalegalanswer :

Also, because you stated that you do not know where he lives and have no idea how to contact him, the Court may agree to terminate his rights anyway. Essentially, you would show to the Court that you made significant efforts to track down the biological father but the attempts have been unsuccessful. Additionally, you would prove to the Court (through your testimony) that the biological Father has made no effort to be part of the child's life and has essentially "abandoned" the child. If the Court is satisfied with your efforts to locate and notify the biological father and agrees that the child has been "abandoned", the Court may allow the Adoption by your current Husband to proceed.

Floridalegalanswer :

Please let me know if you have any additional questions or need any clarification. Otherwise, please Accept and Rate my answer. Thank you and Good Luck!

Floridalegalanswer, Family Law Attorney
Category: Family Law
Satisfied Customers: 427
Experience: I am an attorney licensed in Florida capable of answering your legal questions in the area of Florida Family Law
Floridalegalanswer and 6 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

What about my daughter? How hard is it to terminate rights if he refuses to agree to the adoption? Her father doesn't have any contact with her by his choice. My children do not have the same father.

Expert:  Floridalegalanswer replied 1 year ago.
As for your daughter, you might consider to first begin by going after him for the child support. Because he hasn't paid since July 2012, then he likely will owe a lot of back child support. Enforcement of child support is serious and many times they will even put the "dead-beat" dad in jail if his refusal to pay Court Ordered child support is willful. My guess would be that this would be considered willful since it has basically been 6 months and you have not recieved anything. So, the enforcement (or threat of enforcement) can be used as leverage by you to try to get him to agree to the Termination of Rights and Adoption. If he still refuses, you can try to prove the Abandonment case to the Court. This is typically not an easy thing to do if he shows up to Court to contest it. However, it is not impossible either. Each Abandonment case will be decided on the individual facts and circumstances of the particular case and also will depend a lot on the Judge. However, since he hasn't tried to contact her since May 2012, I would think you might have a shot.

Please let me know if you have additional questions or need any clarification. Otherwise, please Accept and Rate my answer. Thank you and Good Luck!
Floridalegalanswer, Family Law Attorney
Category: Family Law
Satisfied Customers: 427
Experience: I am an attorney licensed in Florida capable of answering your legal questions in the area of Florida Family Law
Floridalegalanswer and 6 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


Thank you for your answers. One more question please. I moved to Alabama in August 2012. My daughter's father is in still in Illinois and I believe my son's father is as well. Do I file here to prove abandonment and they'd have to come here to contest anything or do I have to go to Illinois?

Expert:  Floridalegalanswer replied 1 year ago.
Hi again,

Pursuant to the UCCJEA, the child must have lived in that State for at least 6 months. So, once you reach the 6 month point, you can file the case.

For your daughter, because there is a prior Court Order, after the 6 months, you can file in Alabama and register the Court Order with the Court and request that they take jurisdiction of your case.

For your son, the same process would apply if there is a prior Court Order. If there is no prior Court Order, after the 6 months, you can just file the new case in Alabama.

The biological Fathers will have to Defend against the cases in Alabama.

Please let me know if you have any additional questions or need any clarification. Otherwise, please Accept and Rate my answer. Thank you and Good Luck!
Floridalegalanswer, Family Law Attorney
Category: Family Law
Satisfied Customers: 427
Experience: I am an attorney licensed in Florida capable of answering your legal questions in the area of Florida Family Law
Floridalegalanswer and 6 other Family Law Specialists are ready to help you

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