My son father agreed to give up his rights, what steps can he take so that his rights are relinquish and my husband can adopt?

Asked over 1 year ago - Deltona, FL

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?

Attorney answers (3)

  1. Melissa Moore Stockham

    Contributor Level 15


    Lawyers agree

    Answered . 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.

    Please note that the answers provided herein are the attorney's professional opinions based upon the attorney's... more
  2. Robert Jason De Groot


    Contributor Level 20


    Lawyers agree

    Answered . Florida would be the proper place to bring a step parent adoption if you reside here. It appears you need to get this done in NY.

    R. Jason de Groot, Esq., 386-337-8239
  3. Ophelia Genarina Bernal-Mora


    Contributor Level 19


    Lawyer agrees

    Answered . 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.
    37 N. Orange Avenue, Suite 500
    Orlando, FL 32801
    PH: (407) 354-5223

    You should consult an attorney for advice regarding your individual situation since every case is different and... more

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Parental rights in child custody

Parental rights includes the rights a parent has in regards to his or her children. Mothers, fathers, and unmarried parents are sometimes treated differently.

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