There is only one way for you to proceed with an adoption. You must consult with a family law attorney familiar with adoptions. You have to file a petition for adoption in the circuit court. You need the advice of an attorney to tell you whether you would be wasting your time or not because usually a court will not sever a parent's rights without the parent's consent or without clear and convincing evidence of good cause.
Sit down with an attorney who does adoptions. It may be worth a few hundred dollars for a consultation fee to find out if it is feasible or not.
The foregoing is offered for informational purposes only and is not legal advice nor does it create an attorney-client relationship but if the answer was helpful, kindly check the thumbs-up box below.
I would suggest that you take the documents pertaining to the guardianship case and consult with an attorney who does adoptions. This is sort of a specialized field and I would not suggest using an attorney without experience in that type of case. Make sure you ask the attorney about his/her experience. If you go to court on this, you will have only one shot at it. You don't want to miss.
This answer is not to be construed as legal advice or as creating an attorney-client relationship.
I handle this kind of matter on a frequent basis. A petition to terminate parental rights needs to be filed--it will be a voluntary termination as to the father and an involuntary one as to the father. There are a number of grounds you can plead to terminate the mother's parental rights, but the most common one is abandonment. This centers around her failure to provide financial and physical support to the child. An attorney will need to assess the facts and give you an opinion about the potential for success. Jeanne T. Tate
I am not licensed in any other state than FL.
The hiring of a lawyer is an important decision and should not be based solely upon advertisements. This site presents general information and is not intended as legal advice. Accessing this page, and any interior pages, is a request for information. That notwithstanding, nothing on these pages, or on any pages linked to these pages, shall be construed as legal advice, nor shall anything on these pages by itself operate to create an attorney/client relationship. An attorney/client relationship cannot be created before the firm has accepted the representation. Acceptance cannot occur before the firm engages you with services and runs a conflict check and your have been notified that you are a client of the law office by email or other written means. Please do not make legal decisions without first having a direct one on one consultation with a Florida Attorney or an Attorney in your area that knows the relevant facts of your case.