My ex husband and I divorced 13 years ago , I remarried when my son was 2 .My son does not know his bio father,my ex has been in prison for 10 years out of 13 of my sons life.when my son was 8 my ex signed his rights over in a step parent adoption packet that was notarized,soon after he went back to prison.My husband and I fell on hard times and did not have the money to file for the adoption.we want to proceed with it now but do I need to start all over with my ex signing or is his last packet still good ? My husband and I have been married for 8 years together for 12 .what are our options ,I really don't know how to proceed now that my ex is back in jail .My ex husband has no interest in my son and has only seen him twice,he has a child support order and has never paid any .
It will probably be best to bring everything current. Get to an attorney who handles adoptions in your area.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
Divorce / Separation Lawyer
I agree that it would probably be best to have an updated consent signed by your ex-husband. If your ex-husband truly has no interest in his child then perhaps he will sign the document with little trouble. If he does give you trouble then you could always go forward with the old consent and see if the judge accepts it in a small informal hearing prior to your final hearing.
In Duval County (Jacksonville) I would not try to finalize an adoption with a Consent that was five years old (too old); he needs to execute a more current Consent. The Legislature has dictated the form and the language that must be in the Consent and that was done about four-five years ago so the Consent that he signed may not be the correct one. The family law Judges all want to see the right form. I am sorry to hear about your financial situation but there are attorneys who take payment plans and credit cards, if that make it easier for you. Best of luck to you.
This information is provided as a public service to provide a general answer and should not be relied upon as legal advice.