After 5 years, my son biological father has decided to give up his rights. He has not been active in my son life since he has been born. I've been married for 5 years and my husband wants to adopt my son. My son was born in Florida and we both used to live in Florida and have family in Florida, but the father lives in Kentucky and I live in New York but it would be easier for both parties to start court proceedings in Florida. Can we choose to start the proceedings in Florida?
Family Law Attorney
I think, if you are in complete agreement with the biological father on everything, for you both to agree that Florida's Courts have correct subject matter jurisdiction for the biological father to consent to the adoption and for you to file the petition for adoption. But is there any reason you do not want to file in New York? I really think New York is the State where the Courts have proper subject matter jurisdiction at this point.
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I also agree with my colleague -- it sounds like New York is the proper place to do a stepparent adoption. What is the basis for wanting to do in Florida when none of the parties involved live there?
/s/ Ophelia Bernal-Mora, Esquire
Law Office of Ophelia Bernal-Mora, P.A.
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