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If ex is incarcerated for attempted rape in Ga (no support), is consent required for a step parent adoption in Florida?

Fort Myers, FL |

My ex was sentenced to 50 yrs, to serve 15, in the state of Ga. (The first parole hearing wont be for 3-5 yrs.) He has an old DFACS conviction for striking my child and I have witnesses that could attest to his abuse of me over the marriage. He has failed to redirect royalty income directed in the divorce for child support, although he has attempted to write letters to the kids. Both children are over twelve and consent to the adoption. He lost all custody and visitation privileges in the divorce. The kids and I are now Florida residents. I am remarrying and we'd like to unite our family under one name and give the kids the stability they were robbed of. He will never consent. Can we complete the adoption without consent and what do we need to do?

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Attorney answers 3

Best Answer

I would first consult with a local attorney. Because he will not consent you will need to terminate his rights based on a theory of abandonment. There is a provision in the Florida Statute that makes it easier to terminate based on his removal from the life of the child or children for certain criminal behavior; he is serving a minimum of 15 years so that will efectively negate any involvement while the children are still children. Having said that men who are in prison tend to write to the Judge because they have nothing better to do. Although I think that you will ultimately prevail it may be more difficult than first meets the eye. Best of luck to you.

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The easiest way is a stepparent adoption wherein the biological father consents to the adoption, otherwise, you will have to formally terminate his parental rights and then proceed with an adoption.

I would speak with local counsel regarding you case.

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I agree with counsel above that a stepparent adoption is easier. However if your ex will not provide consent then you need to seek counsel to help you terminate his parental rights so that your new husband can adopt your children.

This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.